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Barcelona Lofts, LLC v. Travelers Indemnity Co. of America

Court: WD Tx  11/05/2018  Court Grants Late-Filed Motion to Remand in light of Lack of Subject Matter Jurisdiction

Although the plaintiff insured did not move to remand in a timely manner, the basis for remand was a lack of subject matter jurisdiction, which is not subject to the time limit on motions to remand, even if filed on the eve of trial.

commercial property insurance policy, hail storm, hail, wind damage, motion to remand, subject matter jurisdiction, improper joinder, diversity jurisdiction

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