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Project Vida v. Philadelphia Indemnity Insurance Co.

Court: WD Tx  05/07/2020  Insurer's Ambiguous 542A.006(a) Election Supports Remand

A commercial property insurer sent the insured a pre-suit election letter under Texas Insurance Code Section 542A.006(a), notifying the insured that the insurer intended to accept liability of its adjuster in connection with multiple hail claims, but a court of the Western District of Texas held the election was ambiguous because the "Re:" line of the election letter only referenced a claim number that was not at issue in the lawsuit and the ambiguity justified remand for lack of diversity jurisdiction.

commercial property insurance, hail damage, multiple claims, Tex. Ins. Code Sec. 542A.006(a) election, adjuster liability, removal, motion to remand

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