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Kotzur v. Metropolitan Lloyds Insurance Co. of Texas

Court: WD Tx  11/19/2019  District Court Finds Claims against Adjusters Sufficient to Avoid Removal

While the court found that some of the allegations simply tracked the statutory language, enough factual allegations existed to support proper causes of action against the adjusters under the Texas Insurance Code. The insurer's post-removal attempt to achieve diversity through an election of legal responsibility under Chapter 542A.006 was rejected.

homeowner's insurance policy, wind damage, hail damage, diversity jurisdiction, removal, motion to remand, improper joinder, Texas Insurance Code 541.060, sufficient factual allegations, election of legal responsibility, 542A.006, post-removal

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