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Boys Scouts of America v. The Hartford Fire Accident & Indemnity Co.

Court: ND Tx  03/10/2020  District Court Finds Parties Lack Diversity but Remand not Immediately Required Pending Further Review of Subject Matter Jurisdiction

A Court of the Northern District of Texas held that a non-diverse plaintiff was not improperly joined as a party because the defendant insurer denied the duty to defend and the question was therefore ripe for determination where there was a possibility of recovery, but remand was not required because the Court could not determine whether it maintained "related to" subject matter jurisdiction in connection with a pending Chapter 11 bankruptcy.

commercial general liability policy, commercial excess liability policy, removal, diversity, subject matter jurisdiction, motion to remand, improper joinder, justiciability, ripeness, "subject to" subject matter jurisdiction, 28 USC Sec. 1334

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