No. 23-453

Special Risk Insurance Services, Inc. v. GlaxoSmithKline, LLC

Lower Court: Third Circuit
Docketed: 2023-10-30
Status: Denied
Type: Paid
Response WaivedRelisted (2) Experienced Counsel
Tags: civil-rights commission-rights diversity-jurisdiction due-process federalism insurance-broker insurance-broker-commissions property-rights state-law
Key Terms:
ERISA Jurisdiction
Latest Conference: 2023-12-08 (distributed 2 times)
Question Presented (AI Summary)

Whether the court of appeals exercised its diversity jurisdiction to nullify settled state law by allowing an insured to switch brokers while keeping the same policies in place, denying the original broker commissions it would otherwise be awarded in State court

Question Presented (from Petition)

QUESTION(S) PRESENTED 1. The law of Pennsylvania gives an insurance broker the vested right to commissions for as long as the policies it procured for the insured remain in effect, even when the insured tries to switch brokers to avoid paying commissions. Did the court of appeals exercising its diversity jurisdiction nullify this settled state law by allowing an insured to switch brokers while keeping the same policies in place, denying the original broker commissions it would otherwise be awarded in State court? 2. By extinguishing the vested rights of insurance brokers in Pennsylvania to their earned commissions for as long as the policies they procure remain in effect, the Panel encourages insureds state-wide to switch brokers with impunity to avoid paying earned commissions, denies brokers the property rights they would otherwise possess in State court, and undermines the federalism principles of Hrie R. Co. v. Tompkins, 304 U.S. 64 (1938)?

Docket Entries

2023-12-11
Petition DENIED.
2023-12-01
Rescheduled.
2023-12-01
DISTRIBUTED for Conference of 12/8/2023.
2023-11-14
DISTRIBUTED for Conference of 12/1/2023.
2023-11-07
Waiver of right of respondent GLAXOSMITHKLINE to respond filed.
2023-10-25
Petition for a writ of certiorari filed. (Response due November 29, 2023)

Attorneys

GLAXOSMITHKLINE
Kristofor T. HenningMcCarter & English, LLP, Respondent
Kristofor T. HenningMcCarter & English, LLP, Respondent
Special RIsk Insurance Services, Inc.
Dennis P. Derrick — Petitioner
Dennis P. Derrick — Petitioner