Legal Opinion

Kolner v. Director, Federal Emergency Management Agency

District Court, N.D. Illinois

Decided September 29, 1982No. 81 C 4749PublishedCited by 11 opinions

1Opinion of the Court

ORDER

BUA, District Judge.

Plaintiffs, Daniel and Josephine Kolner, brought this action for damages on a flood insurance contract issued under the National Flood Insurance Act of 1968 (the “Act”). 42 U.S.C. 4001 et seq. The cause comes before the Court on defendant’s motion to reconsider this Court’s previous decision granting plaintiffs’ request for a jury in the trial of their lawsuit. On reconsideration, this Court finds that plaintiffs are not entitled to a jury trial, and, therefore defendant’s motion is granted.

The Seventh Amendment to the United States Constitution provides that “In…

2Cases cited5 opinions

  1. Lehman v. NakshianSupreme Court of the United States · 1981
  2. Commonwealth of Pennsylvania, by William Sheppard, Insurance Commissioner v. National Association of Flood Insurers, an Unincorporated AssociationCourt of Appeals for the Third Circuit · 1975
  3. West v. HarrisCourt of Appeals for the Fifth Circuit · 1978
  4. Possessky v. National Flood Insurers Ass'nDistrict Court, D. New Jersey · 1981
  5. National Flood Insurers Ass'n v. HarrisDistrict Court, District of Columbia · 1977

3Cited by11 opinions

  1. Irene Flick v. Liberty Mutual Fire Insurance CompanyCourt of Appeals for the Ninth Circuit · 2000
  2. In Re ESTATE OFCourt of Appeals for the Federal Circuit · 1987
  3. Sandia Oil Co. v. BecktonCourt of Appeals for the Tenth Circuit · 1989
  4. Hill v. National Flood Insurance ProgramCourt of Appeals for the Fifth Circuit · 1987
  5. Reeder v. Nationwide Mutual Fire InsuranceDistrict Court, D. Maryland · 2006

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