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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.

commercial property insurance policy, motion to remand, pre-suit notification, adjuster, legal responsibility, post-suit election, Chapter 542A, improper joinder

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