What is a motion for class certification in an insurance litigation case?

A motion for class certification is a legal request by a plaintiff in an insurance litigation case in Texas. It is a request for the court to allow a group of people (known as a “class”) to join together in a single lawsuit against the defendant insurance company. When a group of people has similar experiences and have been adversely affected by the same or similar circumstances, they can join together to bring a class action lawsuit. In order for this to take place, the group must first have their motion for class certification granted by the court. The motion for class certification includes a description of the class, such as the identifying characteristics of the class members, the claims of the class, and the relief sought by the class. It also details why the individual members of the class should be permitted to join the case together as a group. The defendant must then respond to the motion and provide evidence to convince the court to deny the class certification. The court considers factors such as whether or not the class members have the same or similar claims, whether the claims are able to be proven, and whether a class action would provide a more efficient and economical way to resolve the dispute. If the court grants the class certification, the class will be formed and each individual in the class will be able to join the lawsuit.

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