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Stowell v. United Property & Casualty Insurance Co.

Court: ND Tx  06/16/2020  Post-Suit 542A.006 Election Does Not Establish Improper Joinder of Adjuster in Remand Proceedings

A Court of the Northern District of Texas applied the "majority view" among Texas Federal District Courts that an insurer's Texas Insurance Code Sec. 542A.006 election of legal responsibility for adjuster post-suit and pre-removal did not defeat diversity jurisdiction based on improper joinder, finding right of recovery at time of joinder in state court.

homeowner's insurance policy, hailstorm, removal, diversity, motion to remand, jurisdiction, Texas Insurance Code Sec. 542A.006, election of legal responsibility, adjuster liability

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