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Volvo Financial Services v. McClenny Moseley & Assoc.

Court: WD Tx  08/09/2021  Magistrate Recommends Denial of Summary Judgment in Dispute Over Competing Liens on Insurance Proceeds

A magistrate of the Western District of Texas recommended denial of financial services company's motion for summary judgment on its right recover an insurance settlement paid to insured for damages to secured vehicle, finding evidence did not support granting summary judgment under FRCP 56(c) that financial services company's interest was superior to insured's attorney's right to recovery of insurance proceeds pursuant to its contingency fee agreement with insured.

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