Abascal v. United Property & Casualty Insurance Co.
The court noted that, even though the insured stated that he “will never ask, receive, or take a judgment for any amount exceeding $75,000,” he sought actual damages, pre- and post-judgment interest, and treble damages that made clear that the amount sought exceeded $75,000. Further, the insured did not include a binding stipulation or affidavit establishing with legal certainty that the amount in controversy was less than $75,000.
homeowner's insurance policy, storm damage, diversity jurisdiction, removal, motion to remand, amount in controversy, jurisdictional amount, legal certainty, binding stipulation, affidavit
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