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Ticer v. Imperium Insurance Co.

Court: ND Tx  02/04/2021  Court Employs "Summary Inquiry" Review to Determine Fraudulent Joinder of Insurer Because Claim not Covered

After removal, a professional liability insurer contested an insured law firm's motion to remand on grounds that the prior professional liability insurer was fraudulently joined because an exclusion in the other professional liability insurer's policy precluded any possibility of coverage under its policy, and the court found it proper to conduct a "summary inquiry" to determine whether the claim at issue was not covered by the policy, despite arguments that the court was prejudging the merits of the coverage dispute. The court dismissed the claims against the prior insurer and denied remand.

professional liability policy, removal, diversity, motion to remand, motion to dismiss, summary inquiry, no possibility of recovery, prior incident exclusion

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