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Koenig v. Unitrin Safeguard Insurance Co.

Court: WD Tx  01/06/2021  Western District of Texas Again Holds Post-Suit Pre-Removal 542A Election Sufficient; Remand Denied

A court of the Western District of Texas held that an insurer's Tex. Ins. Code Sec. 542A.006 election of its adjusters' liability in insurer's state court answer was sufficient election of adjusters' liability "at the time of removal" and, as a result, the insured had no plausible basis of recovery against the adjusters, requiring dismissal of adjusters and satisfaction of diversity jurisdiction.

property insurance policy, removal, diversity, motion to remand, Tex. Ins. Code Ch. 542A, election of liability, adjusters, diversity at the time of removal

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