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Abascal v. United Property & Casualty Insurance Co.

Court: SD Tx  07/18/2019  District Court Denies Motion to Remand for Failure to Stipulate with Legal Certainty Damages Below the Jurisdictional Amount

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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