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N&O Holdings LLC v. State Automobile Mutual

Court: WD Tx  05/11/2022  District Court Grants Insurer's Motion To Dismiss Non-Diverse Adjuster But Declines to Dismiss With Prejudice

A court of the Western District of Texas granted insurer's motion to dismiss non-diverse adjuster following property insurer's post-suit and pre-removal election of adjuster's liability under § 542A.006, but denied the motion to dismiss with prejudice because under Fifth Circuit precedent dismissal for improper joinder is granted without prejudice and § 542A.006 does not otherwise prevent the insured from asserting Chapter 541 claims or preclude the insured from implicating the adjuster in such claims.

§ 542A.006, non-diverse defendant, subject matter jurisdiction, post-suit election of liability, improper joinder, Chapter 541

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