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Mazhar Footsteps, LLC v. AmGuard Insurance Co.

Court: WD Tx  12/24/2020  Non-Diverse Adjuster Improperly Joined Where 542A Election Made at the Time of Removal; Remand Denied

A court of the Western District of Texas denied an insured's motion to remand its hail loss claim, finding that, under a summary inquiry approach to evaluating improper joinder grounds for determining complete diversity jurisdiction, a property insurer's notice of removal and letter of election of an adjuster's liability under Texas Insurance Code Section 542A.006 supported finding that the insured had no possibility of recovery against the adjuster and, therefore, diversity jurisdiction was established.

property insurance, hail damage, removal, diversity, motion to remand, Tex. Ins. Code 542A.006, diversity at time of removal, plausible claims, election of liability, summary inquiry standard, no possibility of recovery

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