Dishman v. American General Assurance Co.

MEMORANDUM OPINION AND ORDER REGARDING DEFENDANT’S MOTION TO RECONSIDER AND MOTION TO SET THE ORDER OF PROOF FOR TRIAL

BENNETT, Chief Judge.

TABLE OF CONTENTS

I. BACKGROUND. 1121

II. LEGAL ANALYSIS. 1122

A. AGAC’s Motion To Reconsider. 1122

1. Authority to reconsider the summary judgment ruling 1122

2. The effect of the Rubes decision. 1123

B. Other Trial-Related Matters. 1127

1. AGAC’s motion to set the order of proof for trial . 1127

2. Location of trial. 1128

III. CONCLUSION. 1128

This matter comes before the court pursuant to the April 1, 2002, motion of defendant American General Assurance Company…