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Lopez v. Progressive County Mutual Insurance Co.

Court: WD Tx  10/02/2019  Plaintiff's Motion to Remand Putative Class Action Denied under Class Action Fairness Act

Insured under auto insurance policy, who asserted class action under CAFA on behalf on insureds with medical payments coverage where insurer asserted subrogation lien over payments made directly to medical providers, was not entitled to remand to state court under CAFA because insured failed to demonstrate that proposed class was comprised of greater than two-thirds Texas citizens.

automobile insurance liability policy, removal, class action, CAFA, motion to remand, diversity, two-thirds citizenship requirement, subrogation lien, medical payments coverage

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