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Riojas v. Nationwide General Insurance Co.

Court: WD Tx  04/16/2019  Remand Proper because Statute of Limitations would not Bar All Claims against Non-Diverse Defendants

After removal of case involving denial of claim under homeowner's insurance policy, the insurer argued that claims against other non-diverse defendants were barred by the statute of limitations thereby establishing improper joinder, but the court granted the motion to remand because the statute of limitations may bar some but not all of the insured's claims.

homeowner's insurance policy, water damage claim, removal, diversity, improper joinder, insurance code claims, fraud, state of limitations, remand

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