James v. Allstate Fire and Casualty Insurance Co.
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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