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Eastside Restaurant Management, LLC v. National Trust Insurance Co.

Court: ED Tx  03/05/2021  District Court Remands COVID-19 Coverage Dispute to State Court

The court found that the insured's claims against the adjuster assigned to its business interruption claims were not all viable because Chapter 542A only applies to insurers, but the Chapter 541 claims were factually supported; thus, diversity jurisdiction did not exist.

commercial property insurance policy, business interruption, COVID-19, motion to remand, improper joinder, adjuster, Rule 12(b)(6) analysis, Texas Insurance Code, Chapter 542A, Chapter 541, plausible claim

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