United States Fifth Circuit

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Neto v Atlantic Specialty Ins. Co, 18-60588

Affirmed. Plaintiff was a passenger in an automobile that was involved in an accident. He was not a party to the insurance policy that covered the car, but was an unnamed additional insured. Plaintiff attempted to contact Defendant, the insurer of the car, but was unsuccessful. Plaintiff then reached his own settlement with at-fault driver of the other car. Defendant refused to agree to the settlement and denied coverage to Plaintiff stating that under the terms of the policy, Plaintiff had to have approval from them before settling. The trial court found that Plaintiff was not a party to the insurance contract, did not know the terms of the policy and could not be held to those terms.

Appellate Information

  • Decided
  • Published 2019/07/02

Judges

  • Southwick

Court

  • United States Fifth Circuit

Counsel