Sager v. Allstate Insurance Company, No. 3:2011cv00140 - Document 13 (S.D. Tex. 2012)
Court Description: OPINION AND ORDER that Plaintiffs jury demand, insofar as it seeks a jury trial against Defendant, Allstate Insurance Company, is VACATED.(Signed by Magistrate Judge John R Froeschner) Parties notified.(sanderson, )
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS GALVESTON DIVISION FRANK SAGER V. ALLSTATE INSURANCE COMPANY § § § § § CIVIL ACTION NO. G-11-140 OPINION AND ORDER It is well-settled and beyond peradventure that Plaintiff is not entitled to a jury trial under either the Seventh Amendment, Lehman v. Nakshian, 453 U.S. 156, 160 (1981), or the National Flood Insurance Act, Sandia Oil Co., Inc. v. Beckton, Director FEMA, 889 F.2d 258, 262 (10th Cir. 1989), in a claims handling dispute against a WYO carrier with the National Flood Insurance Program acting in its capacity as a fiscal agent of the United States and the equivalent of FEMA itself, Van Holt v. Liberty Mutual Ins. Co., 163 F.3d 161, 166 (3d Cir. 1998). It is, therefore, ORDERED that Plaintiff s jury demand, insofar as it seeks a jury trial against Defendant, Allstate Insurance Company, is VACATED. DONE at Galveston, Texas, this 31st day of May, 2012.
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