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Bexar Diversified MF-1, LLC v. General Star Indemnity Co.

Court: WD Tx  11/18/2019  Insured's Motion to Remand Denied where Insurer Properly Elected to Assume Agent's Liability

A court of the Western District of Texas denied an insured's motion to remand where a property insurer properly elected to assume an insurance agent's liability under Texas Insurance Code Section 542A.006, finding diversity is determined at the time of the petition for removal, disagreeing with authority finding diversity jurisdiction is determined at the time of joinder, and holding it was unnecessary for the state court to formally dismiss the non-diverse agent prior to removal.

property insurance policy, motion to remand, diversity jurisdiction, Texas Insurance Code Section 542A.006, insurance agent, improper joinder

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