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Arnold v. Allstate Fire and Casualty Insurance Co.

Court: WD Tx  10/10/2019  District Court Denies Remand but Grants Motion to Dismiss Two of Insured's UIM Claims after Voluntarily Dismissing Underinsured Motorist

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.

automobile liability insurance policy, underinsured motorist, removal, motion to remand, voluntary dismissal rule, non-diverse defendant, complete diversity, motion to dismiss, Rule 12(b)(6), plausible claim, sufficiency of pleadings, breach of contract, liability of underinsured motorist, Texas Insurance Code, extra-contractual claims

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