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Diversity Jurisdiction Insurance Litigation

Butler Weihmuller Katz Craig LLP

Stateless Amber Heard: The Legal Loophole to Avoid Being Sued in Federal Court

The Johnny Depp-Amber Heard trial captured the world’s attention in 2022. Two years after the couple divorced, Heard described surviving domestic violence in an op-ed for The Washington Post. Although Heard never mentioned...more

Butler Weihmuller Katz Craig LLP

To Remand or Not to Remand, That Is the Question

​​​​​​​Generally, a case is not removable to federal court “more than one year after commencement of [an] action.” However, a defendant may remove a case to federal court after the one-year deadline if it can demonstrate the...more

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

Butler Weihmuller Katz Craig LLP

Can a Post-Suit Civil Remedy Notice Trigger Removal to Federal Court?

Can an insured’s post-suit Civil Remedy Notice demanding over $75,000 satisfy the amount-in-controversy diversity jurisdiction requirement and trigger the thirty-day removal period for an insurer? It depends....more

Carlton Fields

Cow Manure Meets Insurance Law: Seventh Circuit Addresses Breach of Contract Exclusions in Malpractice Insurance

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Errors and omissions (E&O) and directors and officers (D&O) professional liability insurance policies commonly contain breach of contract endorsements that exclude coverage for claims “based upon or arising out of” a breach...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

Butler Weihmuller Katz Craig LLP

Diversity For Jurisdictional Purposes In Federal Litigation

Recently, I was speaking with a client, and we were discussing some of the unique issues subrogation professionals face on a regular basis....more

Carlton Fields

Eleventh Circuit Applies Realignment Doctrine to Undo Years of Coverage Litigation Between Primary and Excess Insurers

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In St. Paul Fire and Marine Insurance Co. v. National Union Fire Insurance Co. of Pittsburgh, PA, No. 16-12015 (11th Cir. May 29, 2018), a battle between excess and primary carriers, the Eleventh Circuit applied the so-called...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

Jaburg Wilk

Arizona District Court Denies Motion to Remand in Bad Faith Case, Despite Plaintiff Seeking Only $57,000 in Compensatory Damages

Jaburg Wilk on

The Holding - In Hoarau v. Safeco Ins. Co. of America, 2017 WL 3328078 (D.Ariz. August 4, 2017), the Arizona District Court denied an insured's Motion to Remand in an insurance bad faith, punitive damages, and declaratory...more

Maynard Nexsen

Every Dog Bite has its Day (in Federal Court)

Maynard Nexsen on

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

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

Zelle  LLP

Texas Courts' Consistent Inconsistency on Improper Joinders

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Throughout the onslaught of the Texas hail litigation epidemic, policyholder lawyers and firms representing insurance carriers continue to battle over whether these cases belong in Texas state court or are more properly...more

Zelle  LLP

The Wild West of Improper Joinder in North Texas

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In 1998, the Texas Supreme Court recognized that an insurance claim adjuster can be held personally liable for a breach of the Texas Insurance Code. Based on this precedent, it has become commonplace for claim adjusters to be...more

Carlton Fields

Federal Court Remands Insurance Dispute To State Court Based On Waiver

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A New York federal court remanded a reinsurance dispute to state court, based on the defendant’s waiver of its right to remove. Plaintiff R&Q Reinsurance Company (“R&Q”) brought an action against Allianz Insurance Company...more

Foley & Lardner LLP

Seventh Circuit Requires "Cash on the Barrelhead" From Interpleaders

Foley & Lardner LLP on

Judge Easterbrook and his colleagues on the U.S. Court of Appeals for the Seventh Circuit aren’t about to exercise jurisdiction over a civil action of interpleader merely on credit or promises to pay. The plaintiff has to...more

Zelle  LLP

Don’t Mess With Texas Adjusters In Hail Damage Claims

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Texas hail claim policyholder lawyers, like many plaintiffs’ lawyers, clearly prefer to be in state court rather than federal court. To accomplish this and prevent the defendant insurer from properly removing the lawsuit to...more

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