Tifco ; defendant Mid-Continent Agencies, Inc. Defendants respond, first, that the current rate of return is the result of a stipulation between the parties as to the investment of the funds.
Jordan, federal courts are not reduced to issuing injunctions against state officers and hoping for compliance. CState of Minnesota, Respondent, vs. Advance and Medallion both entered into finance agreements with Tifco.
LUA filed two separate motions to amend its complaint. While we will construe the pleadings and proof in the light most favorable to the non-moving party, that party is not entitled to build its case on "gossamer threads of whimsy, speculation, and conjecture.
Here, LUA has alleged "further facts" which may prevent Tifco from enjoying the protection of the statute.
December 15, AGeralyn S. Tifco will not be prejudiced, and the claims present some degree of legal viability. Therefore, absent waiver or consent by a state, a federal court's remedial power is limited to prospective injunctive relief. Tifco admits it received telephone calls from other insurance companies regarding MCA's financial stability, which raised a concern in Tifco regarding MCA's ability to pay premiums to insurance companies.
Immediately after the policies became effective, MCA drew drafts payable to itself for the full amount of the premiums financed by Tifco.
ALeon Perry, petitioner, Appellant, vs. Thus, to the extent Shea is inconsistent with this opinion, it is expressly overruled. AState of Minnesota, Appellant, vs.
MCA ; respondents Dana L. While the amount of plaintiffs' loss is uncertain, it is clear that plaintiffs will suffer a real loss of capital with its attendant benefits.
November 3, AState of Minnesota, Respondent, vs. The defendants have chosen to appeal this Court's Order. Court of Appeals of Minnesota. Did the trial court err in granting summary judgment. Phelps, and Robert S. Duane Nathaniel Barker, Respondent. Such a step could well take over two years from the date of this Court's Order.
As a result, the Court finds that a bond would prospectively protect the plaintiffs against that injury. The second requested addition of a third-party beneficiary theory of liability against Tifco. December 1, AState of Minnesota, Respondent, v.
That first transaction, however, only involved MCA's activities in quoting, typing, and processing premium finance agreements, as set forth in the "Memorandum of Understanding.
Todd and Leiser Homes, Respondent. Prior to the events giving rise to this litigation, Tifco and MCA had entered into a "Memorandum of Understanding" in which MCA agreed to sell, market and administer Tifco finance agreements.
LUA opposed the motion, and moved for a second amendment of the complaint to allege a third-party beneficiary theory of liability against Tifco. Once issued, an injunction may be enforced.
We conclude that the distinction between legal liability and general responsibility should be abandoned. After considering these factors, the Court finds that a stay pending appeal is appropriate if, and only if, a bond is emplaced by the defendants.
Every insurance agent who acts for another in negotiating a contract of insurance by an insurance company shall be held to be the company's agent for the purpose of collecting or securing the premiums. Even if the February 11,Order is reversed, which is not at all a certainty, the recipient insurance companies would enjoy financial benefits from this sum.
In such a case, that company's distribution could be irretrievably lost. For these reasons, I would affirm the trial court's grant of summary judgment to Tifco. A "separate and distinct transaction" may arise involving the financing of premiums in which the agent is acting as agent of the premium finance company.
The statute clearly provides that on whomsoever's behalf the insurance agent acts, it will be deemed to be the insurer's agent for the purpose of collecting or securing the premiums. The trial court denied LUA's motion to amend its complaint, but granted Tifco's motion for summary judgment.
Local Insurance Agents & Brokers in Eden prairie,MN with maps, local business reviews, directions and more. Lumbermen's Underwriting Alliance in Liquidation On May 23,the Circuit Court of Cole County, Missouri declared Lumbermen's Underwriting Alliance ("LUA") insolvent and ordered LUA into liquidation.
Brown & Carlson, P.A. has a law office located in Minneapolis, MN. Martindale-Hubbell provides the office's address, phone number, website, and hours.
In Re Workers'compensation Refund, F. Supp. (D. Minn. ) case opinion from the U.S.
District Court for the District of Minnesota. Appellant Lumbermen's Underwriting Alliance ("LUA") issued a policy to Peters which insured against property damage to the Taos subdivision occurring during the course of construction ("the policy").
An endorsement to the policy changed the named insured to Capital, the only named insured on the policy. CAMILIA ROSE CONVALESCENT CENTER, (n/k/a Willows Convalescent Center), and Lumbermen's Underwriting Alliance, Relators, and Orthopedic Medicine & Surgery, Ltd., and Blue Cross and Blue Shield of Minnesota & Blue Plus, Intervenors.Lumbermen underwriting alliance edina mn homes