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Jackson v. Meridian Security Insurance Co.

Court: WD Tx  06/30/2022  Magistrate Recommends Remand in Homeowner's Policy Dispute Involving Post-Suit Election Of Adjuster's Responsibility

A magistrate of the Western District of Texas recommended that the district court grant insureds' motion to remand, applying the "majority" view for post-suit elections under Sec. 542A.006 and finding that the insureds sufficiently pleaded facts for their Sec. 541.060(a)(7) claim against the non-diverse adjuster because it is not a fraud-based claim and because an adjuster can be individually liable under Sec. 541.060(a)(7).

homeowner's policy, Sec. 542A.006, post-suit election, improper joinder, Sec. 541.060(a)(7), FRCP 9(b), diversity, remand, claims against adjuster, fraud-based claims, heightened pleading standard

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