Allowing Admissions to be Deemed Admitted Defeats Suit
Post 4889
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Lynette Januzi appealed from the trial court's order granting summary judgment against her and in favor of American Modern Property and Casualty Insurance (AMCI) and Melissa Ann Workman. She asserts the trial court erred in considering deemed admissions and there is more than a scintilla of evidence to support her claims.
In Lynnette Januzi v. American Modern Property And Casualty Insurance And Melissa Ann Workman, No. 12-24-00016-CV, Court of Appeals of Texas, Twelfth District, Tyler (August 29, 2024) the Court of Appeals applied Texas law.
BACKGROUND
In March 2019, Januzi obtained an insurance policy from her agent, Workman, through AMCI. The policy has a $75,000 sublimit for water damage. She had a water damage claim and over a period of AMCI issued additional payments to pay contractors and various damages making the total disbursement equal to the $75,000 limit. On January 22, AMCI notified Januzi that the last payment constituted the balance of the water damage limit.
Januzi took issue with the $75,000 water damage limit, claiming she was unaware of the sublimit. She further claims that AMCI failed to adequately evaluate and pay her claim. Januzi also believed that her agent failed to provide a policy providing sufficient coverage and that there was a conspiracy between the agent and insurance company to underpay claims. As part of the discovery process, AMCI and Workman sent Januzi requests for admissions. Although Januzi responded to other discovery requests, she did not respond to the admissions request.
In November, AMCI and Workman filed a motion for summary judgment, emphasizing that Januzi failed to respond to the admissions and that they are considered deemed admitted. Ultimately, the trial court granted the motion for summary judgment and dismissed Januzi's claims.
DEEMED ADMISSIONS
In Texas, once an action is filed, a party may serve written requests for admissions that can encompass "any matter within the scope of discovery, including statements of opinion or of fact or of the applications of law to fact . . ." If the opposing party does not serve responses to the admissions requests within thirty days, the matters in the requests are deemed admitted against the party without the necessity of a court order.
Withdrawal of deemed admissions is permitted upon a showing of good cause but Januzi has yet to request the deemed admissions be withdrawn or amended. Because the requests for admissions were attached to the motion for summary judgment, the trial court could properly consider them.
The deemed admissions were the controlling evidence before the trial court at the hearing on the motion for summary judgment, and the court could not properly have considered affidavits that attempted to controvert those admissions
ANALYSIS
In their motion, AMCI and Workman specifically relied on the following deemed admissions:
1 Admit that you signed the application for the insurance policy attached as Exhibit A (Signed Homeowner Application).
2 Admit that you authorized and approved the insurance coverage amounts stated in the application for insurance.
3 Admit that you were aware of the water damage limit at the time you signed the application for the insurance policy found in Exhibit A (Signed Homeowner Application).
4 Admit that the water damage limit under the policy is $75,000.
5 Admit that Defendant paid the water damage limit of $75,000.
6 Admit that you replaced items and made upgrades to the insured property that were not part of the water damage claim.
7 Admit the majority of the damages to the insured property were caused by the contractors you hired.
8 Admit water damage limits of $75,000 were paid under the Policy by 1-20-22.
These admissions and many more established that Januzi was aware of the policy limits when she purchased her homeowner's policy from Workman and that those limits include a $75,000 sublimit for water damage. They also establish that AMCI made payments totaling that $75,000 limit.
Januzi's causes of action against Workman for negligence, fraud, and negligent misrepresentation are rooted in her accusation that Workman, an insurance agent, represented that the policy "covered her needs fully" and that "she had the correct coverage." Therefore, the evidence establishes that Januzi was aware of and consented to the policy limits prior to her insurance claim, and Januzi cannot offer any conflicting evidence.
The judgment of the court below was affirmed and that all costs of this appeal are hereby adjudged against the Appellant, Lynette Januzi.
ZALMA OPINION
When I was a young lawyer California allowed litigants to deem admitted requests for admission that were not responded to in 30 days. I filed, on behalf of my clients, dozens of motions for summary judgment based on requests that were deemed admitted. The plaintiff whose case was lost because of admissions deemed admitted is not without a remedy, her lawyers may be responsible for the error.
(c) 2024 Barry Zalma & ClaimSchool, Inc.
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Concealing a Weapon Used in a Murder is an Intentional & Criminal Act
Post 5002
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In Howard I. Rosenberg; Kimberly L. Rosenberg v. Chubb Indemnity Insurance Company Howard I. Rosenberg; Kimberly L. Rosenberg; Kimberly L. Rosenberg; Howard I. Rosenberg v. Hudson Insurance Company, No. 22-3275, United States Court of Appeals, Third Circuit (February 11, 2025) the Third Circuit resolved whether the insurers owed a defense for murder and acts performed to hide the fact of a murder and the murder weapon.
FACTUAL BACKGROUND
Adam Rosenberg and Christian Moore-Rouse befriended one another while they were students at the Community College of Allegheny County. On December 21, 2019, however, while at his parents’ house, Adam shot twenty-two-year-old Christian in the back of the head with a nine-millimeter Ruger SR9C handgun. Adam then dragged...
Renewal Notices Sent Electronically Are Legal, Approved by the State and Effective
Post 5000
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Washington state law allows insurers to deliver insurance notices and documents electronically if the party has affirmatively consented to that method of delivery and has not withdrawn the consent. The Plaintiffs argued that the terms and conditions statement was not “conspicuous” because it was hidden behind a hyperlink included in a single line of small text. The court found that the statement was sufficiently conspicuous as it was bolded and set off from the surrounding text in bright blue text.
In James Hughes et al. v. American Strategic Insurance Corp et al., No. 3:24-cv-05114-DGE, United States District Court (February 14, 2025) the USDC resolved the dispute.
The court’s reasoning focused on two main points:
1 whether the ...
Rescission in Michigan Requires Preprocurement Fraud
Post 4999
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Lie About Where Vehicle Was Garaged After Policy Inception Not Basis for Rescission
This appeal turns on whether fraud occurred in relation to an April 26, 2018 renewal contract for a policy of insurance under the no-fault act issued by plaintiff, Encompass Indemnity Company (“Encompass”).
In Samuel Tourkow, by David Tourkow v. Michael Thomas Fox, and Sweet Insurance Agency, formerly known as Verbiest Insurance Agency, Inc., Third-Party Defendant-Appellee. Encompass Indemnity Company, et al, Nos. 367494, 367512, Court of Appeals of Michigan (February 12, 2025) resolved the claims.
The plaintiff, Encompass Indemnity Company, issued a no-fault insurance policy to Jon and Joyce Fox, with Michael Fox added as an additional insured. The dispute centers on whether fraud occurred in...
Insurance Fraud Leads to Violent Crime
Post 4990
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CRIMINAL CONDUCT NEVER GETS BETTER
In The People v. Dennis Lee Givens, B330497, California Court of Appeals, Second District, Eighth Division (February 3, 2025) Givens appealed to reverse his conviction for human trafficking and sought an order for a new trial.
FACTS
In September 2020, Givens matched with J.C. on the dating app “Tagged.” J.C., who was 20 years old at the time, had known Givens since childhood because their mothers were best friends. After matching, J.C. and Givens saw each other daily, and J.C. began working as a prostitute under Givens’s direction.
Givens set quotas for J.C., took her earnings, and threatened her when she failed to meet his demands. In February 2022, J.C. confided in her mother who then contacted the Los Angeles Police Department. The police ...
Police Officer’s Involvement in Insurance Fraud Results in Jail
Post 4989
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Von Harris was convicted of bribery, forgery, and insurance fraud. He appealed his conviction and sentence. His appeal was denied, and the Court of Appeals upheld the conviction.
In State Of Ohio v. Von Harris, 2025-Ohio-279, No. 113618, Court of Appeals of Ohio, Eighth District (January 30, 2025) the Court of Appeals affirmed the conviction.
FACTUAL BACKGROUND
On January 23, 2024, the trial court sentenced Harris. The trial court sentenced Harris to six months in the county jail on Count 15; 12 months in prison on Counts 6, 8, 11, and 13; and 24 months in prison on Counts 5 and 10, with all counts running concurrent to one another for a total of 24 months in prison. The jury found Harris guilty based on his involvement in facilitating payments to an East Cleveland ...
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To Dispute an Arbitration Finding Party Must File Dispute Within 20 Days
Post 4988
EXCUSABLE NEGLECT SUFFICIENT TO DISPUTE ARBITRATION LATE
In Howard Roy Housen and Valerie Housen v. Universal Property & Casualty Insurance Company, No. 4D2023-2720, Florida Court of Appeals, Fourth District (January 22, 2025) the Housens appealed a final judgment in their breach of contract action.
FACTS
The Housens filed an insurance claim with Universal, which was denied, leading them to file a breach of contract action. The parties agreed to non-binding arbitration which resulted in an award not
favorable to the Housens. However, the Housens failed to file a notice of rejection of the arbitration decision within the required 20 days. Instead, they filed a motion for a new trial 29 days after the arbitrator’s decision, citing a clerical error for the delay.
The circuit court ...
