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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.

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