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Robles v. Allstate Fire and Casualty Insurance Co.

Court: WD Tx  07/10/2020  Insured's Motion to Remand Granted on Amount in Controversy Grounds

A Magistrate of the Western District of Texas recommend that an insured's motion to remand be granted because the policy limits of the two auto policies at issue in the UIM claim totaled less that $75,000, and the insured's claim for attorneys' fees under the Texas Declaratory Judgment act did not factor into consideration of the amount in controversy because the Texas Act did not apply to diversity cases in federal court.

automobile liability insurance policy, UIM coverage, removal, diversity, motion to remand, amount in controversy, policy limits, attorneys' fees, Texas Declaratory Judgment Act, Texas Civ. Prac. & Rem. Code Sec. 37.009

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