Bennett v. Hartford Insurance Company of the West, No. 17-30311 (5th Cir. 2018)Annotate this Case
The Fifth Circuit affirmed the district court's grant of summary judgment for Axis and grant of Axis's motion to strike an affidavit submitted in support of its motion for summary judgment as untimely. The court held that this case presented no unusual or exceptional circumstances and the district court did not abuse is discretion in striking the affidavit where Hartford did not not seek modification of the scheduling order so that it may apprise the district court of its intent to offer another witness's testimony so as to give Axis an opportunity to depose the witness, nor did Hartford provide any valid justification for its failure to secure the affidavit before all discovery deadlines had passed. The court held that the policy unambiguously provided coverage in this case because the Hartford policy provided liability coverage for any auto and because the CRB Endorsement did not conflict with the liability coverage provision of the policy. Finally, the court declined to take judicial notice of Dana Transport's "admission."