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Shiv Partners Ltd. v. The Ohio Casualty Insurance Co.

Court: WD Tx  06/12/2020  District Court Denies Motion to Remand Based on Post-Suit Election of Legal Responsiblity

The court found that the insured's failure to provide pre-suit notice of litigation did not foreclose the insurer's ability to make a post-suit election of responsibility of its adjuster under Chapter 542A of the Texas Insurance Code and, therefore, the adjuster was improperly joined and complete diversity existed.

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