11th Circuit Reverses Premature “Declaratory Judgment” for Auto Insurance Company

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Insurance companies will often file what are known as “declaratory judgment” lawsuits following an auto accident. Basically, the insurer wants a judge to declare that it is not responsible for defending or indemnifying its policyholders against any personal injury lawsuits that arise from the accident. These actions normally turn on the language of the specific policy at issue, as well as any exclusions allowed under Georgia insurance law.

Progressive Mountain Insurance Company v. Middlebrooks

But can an insurer obtain a declaratory judgment before anyone has even filed a personal injury claim? The U.S. 11th Circuit Court of Appeals in Atlanta recently confronted this question. This case, Progressive Mountain Insurance Company v. Middlebrooks, deals with a September 2017 auto accident in Albany, Georgia. A man was driving a Ford to a local dealership for repair when it collided with a bus. Both the driver and the owner of the Ford held separate insurance policies from Progressive Mountain.

A few months after the accident, Progressive filed a declaratory judgment action in federal court against both policyholders. Progressive argued it was not obliged to cover either party for any damages arising from the accident. However, at that point nobody had actually filed a lawsuit. Progressive itself simply stated that two women “claim to have sustained bodily injuries as the result of the subject collision.” But there were no additional facts presented.

Nevertheless, the trial judge granted summary judgment to Progressive, holding it was not required to indemnify or defend any of the parties that might be sued in connection with the accident. One of the defendants, the insurer for the Ford dealership, appealed the judge’s ruling to the 11th Circuit. On February 25, 2020, the appeals court vacated the district judge’s summary judgment order and returned the case for further proceedings.

Here, the trial court concluded in a footnote to its summary judgment order that Progressive’s claims were “ripe” for decision, even though nobody had actually filed a personal injury lawsuit in connection with the accident. The 11th Circuit took issue with this. The appeals court said it had “substantial concerns about the ripeness of the case it hand.” That said, it was possible the controversy could become ripe–i.e., someone could file a lawsuit–while the matter was still pending before the district court. In any event, it was premature for the district court to award summary judgment to Progressive without sorting out the “thorny questions concerning the issue of ripeness.”

The 11th Circuit also pointed out there were potential problems with Progressive’s decision to invoke the subject-matter jurisdiction of the federal courts. Under the law, a federal court can only hear a civil case where the “amount in controversy exceeds the sum of $75,000 and the action is between citizens of different states.” Progressive insisted it met the $75,000 threshold as the “maximum coverage” of the two insurance policies each exceeded that amount. Again, the 11th Circuit noted that nobody had actually filed an insurance claim or lawsuit. Even if someone does eventually file a claim, it was speculative at this stage to state it would exceed $75,000.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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