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Krish Hospitality LLC v. Amguard Insurance Co.

Court: WD Tx  06/30/2023  Magistrate Recommends Denying Remand Following Election of Responsibility Under Section 542A.006

A magistrate of the Western District of Texas recommended denial of an insured’s motion to remand, holding that there is no possibility of recovery against the non-diverse adjuster where the insurer elected responsibility for the adjuster’s liability under Texas Insurance Code Section 542A.006 and observing that the Fifth Circuit has resolved the prior split in authority regarding whether the timing of the insurer’s election is material.

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