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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.

automobile liability insurance policy, uninsured motorist, UIM, removal, diversity, motion to remand, amount in controversy, legal certainty, breach of contract, extracontractual damages, amended complaint

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