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James v. Allstate Fire and Casualty Insurance Co.

Court: ND Tx  07/28/2020  Motion to Remand Granted Where Insured had Viable Claim Against UIM Adjuster

After an auto liability insurer removed case against it and its adjuster of a UIM claim, a court of the Northern District of Texas granted the insured's motion to remand, finding the insured's insurance code claims against the non-diverse adjuster were viable even where the insured did not procure a judgment against the underlying tortfeasor, because liability only need be "reasonably clear" to support a viable Tex. Ins. Code. Section 541.060(A)(2)(a) claim.

automobile insurance policy, removal, diversity, fraudulent joinder, motion to remand, motion to dismiss, claims against adjuster, Tex. Ins. Code. Section 541.060(A)(2)(a)

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