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Solaija Enterprises LLC v. Amguard Insurance Co.

Court: SD Tx  05/31/2019  District Court Finds that Insurer Failed to Establish Insured's Bad Faith in Preventing Insurer's Ability to Remove Case to Federal Court

The insurer failed to remove the case to federal court within one year after it was filed, and the insurer could not establish the application of the "bad faith" exception under 28 USC 1446(c)(1) that allows for later removal if the plaintiff acts in bad faith in order to prevent a defendant from removing the action.

commercial property insurance policy, removal, motion to remand, diversity jurisdiction, one-year removal period, bad faith, 28 USC 1446(c)(1)

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