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Walther v. Allstate Fire and Casualty Insurance Co.

Court: WD Tx  01/27/2020  District Court Denies Motion to Remand based on "Legal Certainty" Test

The court found that the insured's UIM claim was not capped at the policy's $30,000 limit as a legal certainty, as the insured also sought recovery for property and extra-contractual damages, the latter of which only was dropped after removal to federal court, which cannot strip the court of jurisdiction after removal on diversity grounds.

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