No. 20-6

William Burke v. Progressive Gulf Insurance Company

Lower Court: Fourth Circuit
Docketed: 2020-07-13
Status: Denied
Type: Paid
Tags: civil-rights constitutional-rights due-process fair-trial insurance insurance-claim legal-manipulation maritime-jurisdiction maritime-law seventh-amendment summary-judgment
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2020-09-29
Question Presented (AI Summary)

Is an insurance company allowed to manipulate outdated, obsolete maritime laws in order to falsely claim that a vessel is located in navigable waters with the primary goal of putting the insured at a legal and financial disadvantage?

Question Presented (from Petition)

Questions Presented This case involves a simple insurance claim to Progressive Gulf Insurance made by William Burke when his boat sank in January 2018 . Progressive manipulated the court system and the judiciary process throughout the proceedings through a series of calculated actions meant to deny William Burke the right to a fair trial as guaranteed under the Seventh Amendment. Progressive Insurance sued Mr. Burke in Federal Court erroneously claiming Maritime and Admiralty jurisdiction based on obsolete, outdated laws to put him at a disadvantage. They then proceeded to file a motion for Summary Judgment to settle the case without a trial which precluded Mr. Burke from having his proverbial day in court. Question 1: Is an insurance company allowed to manipulate outdated, obsolete maritime laws in order to falsely claim that a vessel is located in navigable waters with the primary goal of putting the insured at a legal and financial disadvantage? Question 2: Did the Summary Judgment deny Mr. Burke’s constitutional right to a fair trial under Amendment 7? . i, Related Cases Progressive Gulf Insurance Company v. William Burke, No. 7:18-cv-00293, U.S District Court For the Western District of Virginia Roanoke Division. Judgment entered May 10, 2019. Progressive Gulf Insurance Company v. William Burke, No. 19-1670, U.S. Court of Appeals for the Fourth Circuit. Judgment entered January 30, 2020. ii.

Docket Entries

2020-10-05
Petition DENIED.
2020-09-02
DISTRIBUTED for Conference of 9/29/2020.
2020-08-29
Reply of petitioner William Burke filed. (Distributed)
2020-08-12
Brief of respondent Progressive Gulf Insurance in opposition filed.
2020-06-29
Petition for a writ of certiorari filed. (Response due August 12, 2020)

Attorneys

Progressive Gulf Insurance
Christopher Alan AbelWillcox & Savage, PC, Respondent
Christopher Alan AbelWillcox & Savage, PC, Respondent
William Burke
William Burke — Petitioner
William Burke — Petitioner