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Five Lakes, LLC v. Nationwide Mutual Fire Insurance Co.

Court: ND Tx  08/04/2023  Appraisal Umpire Not Improperly Joined Under Breach of Contract and Tortious Interference Causes of Action

A court of the Northern District of Texas granted an insured's motion to remand, finding that the insurer had not obtained consent from all defendants to remove and that the insured had properly pleaded causes of action for breach of contract and tortious interference against an umpire where the umpire had emailed the appraisers his estimate and stated the appraisers had "until 5:00 PM today to sign and return. At 5:01 PM the award will change by 10%."

commercial property policy, appraisal, umpire, removal, diversity jurisdiction, fraud, breach of contract, tortious interference, fraudulent joinder

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