Legal Opinion
Ayoub v. Baggett
District Court, S.D. Texas
Decided April 23, 1993No. Civ. A. H-92-3455PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM
HUGHES, District Judge.
1. Introduction.
An individual may not sue an employee of an insurance company for the unfair trade practices of that company even if the acts were performed for the company by the employee. The joinder of the employee to defeat diversity is a fraud.
2. The Claim.
Ayoub lost his restaurant when it burned. According to Ayoub, Truck Insurance Company delayed in paying the proceeds of its insurance policy with Ayoub. Specifically, Ayoub says that Brian Baggett, an employee of Truck Insurance, stalled in his investigating and adjusting the claim, violating state…
2Cases cited3 opinions
- Rebecca Laughlin v. The Prudential Insurance Co.Court of Appeals for the Fifth Circuit · 1989
- Wm. H. McGee & Co., Inc. v. Schick, Texas Court of Appeals, 11th District (Eastland)1990
- Natividad v. Alexsis, Inc., Texas Court of Appeals, 8th District (El Paso)1992
3Cited by17 opinions
- Garrison Contractors, Inc. v. Liberty Mutual Insurance Co., Texas Court of Appeals, 8th District (El Paso)1996
- Linnin v. MichielsensDistrict Court, E.D. Virginia · 2005
- Douglas v. State Farm LloydsDistrict Court, S.D. Texas · 1999
- Robinson v. State Farm Fire & Casualty Co.Court of Appeals for the Fifth Circuit · 1994
- French v. State Farm InsuranceDistrict Court, S.D. Texas · 1994
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