Texas Tech Law Review
The Fifth Circuit Court of Appeals decided twenty-four insurance-related appeals between the survey period of June 2003 through May 2004. Those cases originated in nine federal district courts. The overwhelming majority of appeals concerned the interpretation and enforcement of insurance contracts. Barring one case of first impression, most involved very familiar procedural and substantive conflicts.
This year, federal preemption questions and conflicts over subject matter jurisdiction appeared in several cases. The Fifth Circuit also decided six class-action or class-certification cases, and the court decided two conflicts involving allegedly widespread racial and ethnic discrimination in the sale and marketing of various insurance contracts. To obtain greater insight into and appreciation of the appellate court’s deliberations, the relevant facts and questions appearing in each decision require thorough review.
Willy E. Rice, The Court of Appeals for the Fifth Circuit 2003-2004 Insurance Decisions: A Survey and an Empirical Analysis, 37 Tex. Tech L. Rev. 871 (2005).