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Boardman v. Allstate Fire and Casualty Insurance Co.

Court: WD Tx  01/29/2020  District Court Remands UIM Dispute to State Court on Amount in Controversy Issue

The court found that, although the insured asserted damages between $200,000 and $1,000,000 in her state court petition, the UIM policy limit was $30,000 and, even with an award of prompt payment penalties, would not exceed $75,000, so the insured's damages allegation was not in "good faith," so it did not control the amount in controversy, resulting in remand to state court.

automobile liability insurance policy, uninsured motorist, underinsured motorist, UM/UIM, removal, motion to remand, diversity jurisdiction, amount in controversy, good faith

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