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WF/TX Investments, LLC v. Seneca Insurance Co.

Court: ED Tx  04/09/2020  District Court Grants Remand in Commercial Property Insurance Dispute

The court found that the insurer incorrectly invoked the improper joinder doctrine premised on a misunderstanding of the insured's citizenship -- diversity existed, so no joinder to defeat jurisdiction could have occurred -- and failed to secure the consent for removal from its co-defendant adjuster. The court also found that the nominal defendant doctrine was not affirmatively established by the insurer either.

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