Legal Opinion

Charla Aldous, P.C. v. Darwin National Assu

Court of Appeals for the Fifth Circuit

Decided May 11, 2018No. 16-10537PublishedCited by 10 opinions

1Opinion of the Court

REAVLEY, Circuit Judge:

In her appeal to this court, Charla Aldous asked that we "reverse" Parkans International LLC v. Zurich Insurance Co. , 299 F.3d 514 (5th Cir. 2002). We observed our lack of authority to do so and applied the case. See Aldous v. Darwin Nat'l Assurance Co. , 851 F.3d 473 , 485 (5th Cir. 2017) ("We are not at liberty to second-guess this ruling."). Under Parkans and its so-called "independent injury" rule, Aldous's claims under the Texas Insurance Code Chapter 541 (and those Insurance Code claims brought derivatively under the Deceptive Trade Practices Act 1 ) were barred…

2Cases cited3 opinions

  1. Equal Employment Opportunity Commission v. Simbaki, Ltd.Court of Appeals for the Fifth Circuit · 2014
  2. Parkans International LLC v. Zurich InsuranceCourt of Appeals for the Fifth Circuit · 2002
  3. Charla Aldous, P.C. v. Darwin National AssuCourt of Appeals for the Fifth Circuit · 2017

3Cited by10 opinions

  1. George Alvarez v. City of BrownsvilleCourt of Appeals for the Fifth Circuit · 2018
  2. Garza v. Allstate Fire and Casualty Insurance CompanyDistrict Court, S.D. Texas · 2020
  3. Ironshore Specialty Insurance Company v. ScottDistrict Court, N.D. Texas · 2023
  4. Kee v. Safeco Insurance Company of IndianaDistrict Court, N.D. Texas · 2019
  5. Nationwide Mut. Fire Ins. Co. v. Erie Ins. Exch.Supreme Court of Virginia · 2019

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