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River of Life Assembly of God v. Church Mutual Insurance Co.

Court: WD Tx  04/03/2019  Proper Joinder of Agent Justifies Remand Despite Insurer's Exercise of Statutory Election of Responsibility

A court of the Western District granted insured's motion to remand despite insurer's election under Section 542A.006 to accept liability for its agent's conduct relating to property loss claim, rejecting insurer's arguments that its acceptance and resulting dismissal of claims against agent creates improper joinder and a lack of diversity, finding that insured could recover against agent at the time of joinder and insurer did not make election until two months after joinder.

commercial property insurance policy, removal, motion to remand, diversity, improper joinder, election under 542A.006, impossibility of recovery, agent

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