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Unified Life Insurance Company v. United States Fire Insurance Company

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 24-10392 · judgment August 14, 2025


Certiorari denied · April 27, 2026
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether a federal court exercising diversity jurisdiction exceeds its authority under Erie R. Co. v. Tompkins, 304 U.S. 64 (1938) by creating a new state law duty for insurers to provide “objectively reasonable” notice of potential claims to reinsurers when the State’s courts and legislature have not previously recognized such a duty?

Counsel of record

For petitioner
Cortney Christopher Thomas
Brown Fox PLLC

For respondent
Jonathan S. Massey
Massey & Gail LLP

Case

Conference history
Distributed for 2 conferences

Linked docket
25A665

Proceedings

  1. Apr 27 2026
    Petition DENIED.
  2. Apr 08 2026
    DISTRIBUTED for Conference of 4/24/2026.
  3. Apr 02 2026
    Reply of Unified Life Insurance Company not accepted for filing. (To be corrected - April 07, 2026)
  4. Apr 02 2026
    Reply of petitioner Unified Life Insurance Company filed. (Corrected) (Distributed)
  5. Mar 19 2026
    Brief of respondent United States Fire Insurance Company in opposition filed.
  6. Feb 17 2026
    Response Requested. (Due March 19, 2026)
  7. Feb 04 2026
    DISTRIBUTED for Conference of 2/20/2026.
  8. Jan 16 2026
    Waiver of right of respondent United States Fire Insurance Company to respond filed.
  9. Dec 08 2025
    Application (25A665) granted by Justice Alito extending the time to file until January 7, 2026.
  10. Dec 08 2025
    Petition for a writ of certiorari filed. (Response due January 20, 2026)
  11. Dec 05 2025
    Application (25A665) to extend the time to file a petition for a writ of certiorari from December 8, 2025 to February 6, 2026, submitted to Justice Alito.