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Petty v. Great West Casualty Co.

Court: 5th Cir  10/31/2019  Fifth Circuit Affirms Dismissal of Lawsuit against Insurers for Mental Anguish Resulting from Automobile Accidents

The court agreed that the injured party had numerous opportunities to assert a legally viable claim against his own insurer and those insuring the tortfeasors involved in two different automobile accidents that gave rise to his mental anguish claim, but he failed to do so, justifying a dismissal of his claims with prejudice.

commercial automobile liability insurance policy, motion to amend pleading, direct action, joinder, non-diverse defendants, mental anguish, abuse of discretion

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