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De La Cruz v. Allstate Fire and Casualty

Court: WD Tx  01/21/2021  Magistrate Recommends Denial of Remand but Grants Leave to Amend in UIM Dispute

A magistrate of the Western District of Texas recommended that an insured's motion to remand for failure to satisfy the amount in controversy for diversity jurisdiction be denied because her state court petition alleged damages in excess of $1,000,000, and her new claim that her damages were below $75,000 was not a "legal certainty," and further recommended that the insured be granted leave to amend to dismiss her breach of contract claim and pursue only the ripe claim for declaratory judgment for UIM benefits.

automobile insurance policy, UIM, underinsured motorist, removal, diversity, amount in controversy, motion to remand, legal certainty, motion to dismiss, leave to amend, declaratory judgment, ripeness

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