Ticer v. Imperium Insurance Co.

Court: ND Tx  01/15/2020  District Court Denies Insured's Motion to Remand, Severs and Remands Claims agianst Non-Diverse Defendant to State Court

The court determined that the insured's claims against two insurers did not arise out of the same transaction or occurrence or series of transactions or occurrences because one of the two lawsuits for which a defense was sought specifically was excluded from coverage under the policy issued by the non-diverse defendant.

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procedural misjoinderimproper misjoindersame transaction or occurrence or series of transactions or occurrencesduty to defendexclusionmotion to remandimproper joinderremovallegal malpractice insurance policy

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