Carney v. Allstate Vehicle and Property Insurance Co.

Court: ND Tx  09/21/2021  Northern District Finds Insurer's Post-Suit 542A Election Does Not Support Diversity Jurisdiction

A court of the Northern District of Texas granted insured's motion to remand, finding insurer's Tex. Ins. Code. Ch. 542A election of adjuster's liability after suit was filed in state court did not establish diversity jurisdiction under the voluntary-involuntary rule or under the doctrine of improper joinder.

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subject matter jurisdictionmotion to remandhomeowners insurance policyimproper joinderremovalDiversityClaims Against Adjustervoluntary-involuntary ruleTex. Ins. Code Ch. 542A.006

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