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Green v. Allstate Vehicle and Property Insurance Co.

Court: ND Tx  08/26/2021  Northern District of Texas Again Holds Post-Suit 542A Election Does Not Support Removal

Crystallizing a split among the federal district courts of the Fifth Circuit, a court of the Northern District of Texas held that an insurer's Texas Insurance Code Chapter 542A election of responsibility for its adjuster's liability after suit was filed in state court but prior to removal did not constitute improper joinder of adjuster so as to establish the court's subject matter jurisdiction, and granted the insured's motion to remand.

homeowners insurance policy, removal, diversity, motion to remand, improper joinder, claims against adjuster, diversity, subject matter jurisdiction, Tex. Ins. Code Ch. 542A.006

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