Contreras et al v. Allstate Insurance Company, No. 3:2010cv00318 - Document 19 (S.D. Tex. 2011)
Court Description: OPINION AND ORDER that the Plaintiffs jury demand, insofar as it seeks a jury trial against 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 JOSE CONTRERAS and RUTH CONTRERAS V. ALLSTATE INSURANCE COMPANY and TEXAS WINDSTORM INSURANCE ASSOCIATION § § § § § § § § CIVIL ACTION NO. G-10-318 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 the Plaintiff s jury demand, insofar as it seeks a jury trial against Allstate Insurance Company, is VACATED. DONE at Galveston, Texas, this 22nd day of June, 2011.
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