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Ticer v. Imperium Insurance Co.

Court: ND Tx  02/12/2020  Court Allows Limited Discovery on Application of Exclusion in Remand Proceedings

After removal by insurer based on fraudulent joinder of additional insurer, the court denied insured's motion to remand but vacated its order to allow limited discovery on the application of an exclusion in a policy issued by the putatively non-diverse insurer, finding that whether the exclusion applied to exclude coverage could determine whether insured might be able to recover against non-diverse insurer.

professional liability insurance policy, removal, diversity, motion to remand, fraudulent joinder, FRCP 12(b)(6) analysis, limited discovery

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