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2223 Lombardy Warehouse, LLC v. Mount Vernon Insurance Co.

Court: ND Tx  04/12/2019  Removal Proper and Diversity Established Where Claims against Non-Diverse Adjuster Fail as a Matter of Law

A court of the Northern District of Texas found that claims by insured under homeowner's insurance policy against adjuster of hail claim would fail as a matter of law under a FRCP 12(b)(6) analysis because the claims against adjuster related solely to estimation of damages, and did not relate to misrepresentations about the terms of the policy, and because adjuster had no authority to effectuate settlement of the claim, thus adjuster's acts fell outside the scope of Texas Insurance Code Section 541, justifying dismissal of claims against the adjuster and remand of the case.

homeowner's insurance policy, removal, diversity, hail claim, claims against adjuster, Insurance Code Section 541, FRCP 12(b)(6), failure to state a claim, remand

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