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Yarco Trading Co. v. United Fire & Casualty Co.

Court: SD Tx  07/11/2019  District Court Remands Case to State Court Despite Insurer's Post-Suit Acceptance of Liability Pursuant to Chapter 542A

Court finds that insurer's post-suit election of liability for an independent adjuster was insufficient to show improper joinder retroactively and that factual allegations stated plausible claim of relief thereby warranting remand.

commercial property insurance policy, diversity jurisdiction, remand, improper joinder, Chapter 542A, election of liability, voluntary-involuntary rule

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