The court noted that the determination of complete diversity occurs at the time of the notice of removal, which occurred after the insured voluntarily dismissed her claims against the alleged tortfeasor, but, in any event, the insured's claims of breach of contract and violations of the Texas Insurance Code were not supported by sufficient factual allegations because the insured had not secured a judgment establishing the tortfeasor's liability. The insured's declaratory judgment claim, which was filed after the motion to dismiss, survived dismissal.
Reviewing the Case Document is for members only. Please login