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Terry Black’s Barbeque, LLC v. State Automobile Insurance Co.

Court: WD Tx  11/05/2020  Magistrate Recommends Denial of Motion to Remand COVID-19 Claims and Dismissal of Agent

Insured, a purveyor of delicious barbeque in Dallas and Austin, sought remand of its COVID-19 related claims for business interruption and loss of business income, contending that its agent was properly joined in the suit for failing to procure proper coverage, but a magistrate of the Western District of Texas recommend that remand be denied and the agent be dismissed because the agent was fraudulently joined where the insured's claims against it were contingent on a finding of no coverage and, thus, were not ripe, and complete diversity of parties was established.

commercial property insurance policy, COVID-19, business income loss claim, motion to dismiss, motion for remand, failure to procure coverage, contingent liability, ripeness, fraudulent joinder, diversity

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