Legal Opinion
Borden v. Allstate Insurance
Court of Appeals for the Fifth Circuit
Decided November 20, 2009No. 08-30515PublishedCited by 106 opinions
1Opinion of the Court
EDITH H. JONES, Chief Judge:
Plaintiff Earl Borden (“Borden”) appeals a grant of summary judgment in favor of Defendants Allstate Insurance Company (“Allstate”) and insurance agent Greg Ruiz (“Ruiz”) denying coverage for his Hurricane Katrina flood loss. Borden argues that the district court lacked subject matter jurisdiction and, alternatively, that material fact issues precluded summary judgment. We hold that the district court possessed federal question jurisdiction and correctly entered judgment in favor of Ruiz, but it overlooked Borden’s affidavit in opposition to Allstate’s summary…
2Cases cited16 opinions
- Arbaugh v. Y & H Corp.Supreme Court of the United States · 2006
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Clearfield Trust Co. v. United StatesSupreme Court of the United States · 1943
- Kelli Smallwood v. Illinois Central Railroad Company Mississippi Department of TransportationCourt of Appeals for the Fifth Circuit · 2004
- Travis v. IrbyCourt of Appeals for the Fifth Circuit · 2003
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3Cited by106 opinions
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- Candace Curtis v. Anita BrunstingCourt of Appeals for the Fifth Circuit · 2013
- Walter Powers v. City of New OrleansCourt of Appeals for the Fifth Circuit · 2015
- Rivero v. Fidlty InvestmentsCourt of Appeals for the Fifth Circuit · 2021
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