Common use of Motions Clause in Contracts

Motions. 4.6.1 The Firm should evaluate the need for motion practice and consult with Citizens regarding the intent and expected outcome of each motion. In First Party claims, no motion shall be prepared, filed or served prior to approval from Citizens’ Claims & Litigation Legal Services or Citizens’ Litigation Specialist. In Third Party Liability actions, no motions shall be prepared, filed or served without prior consultation with Citizens’ Claims & Litigation Legal Services or Citizens’ Litigation Specialist. A) Motion for Sanctions (including but not limited to a Motion for Sanctions pursuant to F.S. 57.105) B) Motion to Dismiss for Fraud and/or Material Misrepresentation C) Counterclaim against a Citizens’ policyholder and/or any pleading that asserts Fraud or Material Misrepresentation against a Citizens’ policyholder or agent D) Motion for Summary Judgment 4.6.2 Upon filing of any of the following motions by another party, the Firm must notify and provide a copy of the Motion to Citizens immediately (the same day): A) Motion for Sanctions (including but not limited to Motion for Sanctions pursuant to F.S. 57.105) B) Motion to Dismiss Counterclaim C) Motion to Strike Affirmative Defense(s) D) Motion for Summary Judgment E) Motion to Compel, of any type