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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.

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