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Shiana Corp. v. Depositors Insurance Co.

Court: WD Tx  01/02/2019  Western District Denies Motion to Remand because No Possibility of Recovery Against Adjuster Existed

Insured's motion to remand based on fraudulent joinder of adjuster was denied because commercial property insurer sufficiently demonstrated that insured had no possibility of recovery against adjuster where insured failed to allege with particularity the circumstances constituting the adjuster's alleged fraud, misrepresentation, and violations of the DTPA, and insured's claims against the adjuster for violation the Texas Insurance Code merely tracked and recited laundry list violations of the Code.

commercial property insurance, removal, diversity, claims against adjuster, motion to remand, motion to dismiss, fraud, DTPA, Texas Insurance Code, unfair settlement practices

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