5th Circ. Asked To Reconsider Liberty $1M Recoup Judgment

Law360 (February 11, 2021, 9:17 PM EST) -- A Fifth Circuit panel skipped a step in its review when it reversed a Mississippi judge's ruling that Liberty Mutual couldn't recoup a $1 million payment toward the settlement of two lawsuits over a fatal accident, an error that needs a full court rehearing, policyholder Darling Ingredient Inc. has claimed.

In a Wednesday motion for rehearing en banc, food ingredient company Darling said a three-judge panel of the appeals court failed to determine whether the Mississippi federal judge's interpretation of an endorsement in a $2 million "business auto" policy issued by Liberty Mutual Fire Insurance Co. interpreted the plain language of...

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