11th Circ. Tosses Insurer’s Escape Bid For HVAC Death Suit

By Brett Barrouquere (September 7, 2021, 2:20 PM EDT) — The Eleventh Circuit has ruled that the lawsuit brought by National Trust Insurance Co. seeking a statement that it does not have to cover a heating and refrigeration business overlaps with a wrongful death lawsuit filed in Alabama state court and rightly dismissed by a federal court.

In a published opinion released Friday, the three-member panel said U.S. District Judge Liles C. Burke made no mistake in ending the National Trust’s attempt to limit its liability coverage in the deaths of Carl and Mary Hoge in 2018.

U.S. Circuit Judge Adalberto Jordan, writing for the panel, said the federal Declaratory Judgment Act makes federal courts “unique…

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