Legal Question in Insurance Law in Florida

purjuyed testamoney in one case affecting extention of case in another state

Dear person

Thank you for your help. I sued ins. company holding disability policy for non payment, in Maryland court. ins company acused me of misreprentation. Contestabl clause in policy disregarded by court. The insurer committed purjury. Case was remanded to florida court where contestabl claus would not be dicarded. Is the florida court stuck with the thrown out contestabl claus or can it over ride the maryland courts decision


Asked on 10/15/01, 10:39 am

1 Answer from Attorneys
Steven Murray Steven W. Murray, APC

Re: purjuyed testamoney in one case affecting extention of case in another state

If the Maryland court decided the issue under Maryland law, how did the case get "remanded" to Florida? Are you in Federal or state court? If the first court decided the merits of the controversy, then the second court cannot re-decide the same issue. You have to appeal the first court's decision. But if the first court did not decide on the merits and simply transferred the case (I don't know how this could occur unless you were in a federal district court, since a state court cannot transfer to another state but must simply dismiss the case so that you could refile it) then the second court is free to be the first decision maker.

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Answered on 11/22/01, 10:25 pm


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