News & Analysis as of

Diversity Jurisdiction Insurance Industry

Hinshaw & Culbertson - Insights for Insurers

Colorado Supreme Court Rules Insurance Adjuster is not Personally Liable for Claim Denial

In a highly anticipated decision delivered on March 14, 2022, the Colorado Supreme Court rejected a policyholder's attempt to hold an insurance director personally liable under sections 10-3-1115 to -1116, C.R.S. (2021) for...more

McGuireWoods LLP

One Decision – Two Bad Precedents for Virginia Claimants

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The Fourth Circuit Restricts the Meaning of Direct Actions for purposes of Diversity Jurisdiction and Limits the Application of a Virginia Statute Meant to Protect Claimants when a Policyholder Fails to Provide Notice of a...more

Cozen O'Connor

Massachusetts: Third-Party Claim Handler Made Reasonable, Prompt Efforts to Settle Nursing Home Liability Claim, and Therefore Was...

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On March 18, 2019, the First Circuit Court of Appeals affirmed a decision holding that Sedgwick Claims Management Services made reasonable and prompt efforts to settle a nursing home liability claim, and therefore was not...more

Foley & Lardner LLP

Seventh Circuit Explains Unique Feature of Diversity Statute

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A feature of 28 U.S.C. § 1332, the diversity-jurisdiction statute, may make you scratch your head and wonder why it’s there. In the Seventh Circuit’s March 15, 2018 decision in Hyland v. Liberty Mutual Fire Ins. Co., No....more

Maynard Nexsen

Amount in Controversy for Diversity Jurisdiction: How to Determine When Damages Are Not Clearly Stated

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Diversity jurisdiction exists when there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000. Generally, the amount in controversy articulated in Plaintiff’s complaint is...more

Maynard Nexsen

All that Glimmers is Not [Insurance Agency] Gold

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Diversity jurisdiction requires complete diversity among plaintiffs and defendants. While it is difficult for a defendant to remove a case with a nondiverse defendant, removal can be accomplished through the doctrine of...more

Maynard Nexsen

Every Dog Bite has its Day (in Federal Court)

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In Lighthouse Property Insurance Corp. v. Rogers, 2017 WL 3634593, the United States District Court for the District of South Carolina considered a motion to dismiss for lack of subject matter jurisdiction in an action...more

Carlton Fields

Eleventh Circuit Finds Dual Citizenship Defeats CAFA Diversity

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The Eleventh Circuit recently denied a petition to appeal an order remanding a putative class action to state court, finding the defendant corporations’ dual citizenship defeated minimal diversity under the Class Action...more

Carlton Fields

Florida Department Of Revenue Issues Advisement Determining That A Reinsurer And Its Cedents Did Not Have Nexus In Florida For Tax...

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On January 13, 2017, the Florida Department of Revenue issued a Technical Assistance Advisement regarding whether a reinsurer had nexus with the state of Florida that would require it to file a corporate income tax return and...more

Butler Weihmuller Katz Craig LLP

Federal Diversity Jurisdiction: Proving Citizenship of Limited Liability Companies

Jurisdiction gives a federal court the power to hear a case. Jurisdiction matters at the outset of a lawsuit. It matters during discovery. It even matters after summary judgment. Jurisdiction matters because federal courts...more

Pullman & Comley, LLC

Too Soon! First Circuit Finds No Duty To Defend Before Suit Is Filed

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Can something short of the filing of a complaint trigger an insurer’s duty to defend? It’s not an idle question. Uncertainty on this issue could produce an unintended breach, and, in some jurisdictions, breach of the duty to...more

Carlton Fields

Real Property & Title Insurance Update: Weeks Ending November 4 & 11, 2016

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REAL PROPERTY UPDATE - Foreclosure/Constitutional Challenge: record title owner’s argument that Florida Statutes section 702.035, governing “Legal notice concerning foreclosure proceedings,” is an unconstitutional...more

Carlton Fields

New York Federal Court Considers Procedural Attacks To Arbitration Confirmation Proceedings

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Late last month, a federal district court in New York tackled procedural challenges to an arbitration confirmation proceeding. The arbitration arose from a dispute between an insurer and its reinsurer over the amount due to...more

Hinshaw & Culbertson LLP

Court Dismisses Case For No Diversity Jurisdiction 2 Days After Filing

In an unusual display of speedy discretion, federal District Judge Sheri Polster Chappell wasted no time in dismissing the complaint on a public works payment bond filed by Advance Industrial Coating, LLC in Advance Indus....more

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