Here is another one of those removal cases wherein the situation is a situation that will not occur very often. This case is from the Northern District of Texas, Dallas Division, and is styled, Jeff Conkey and Shannon Mitchell v. Monica Corker, IAT Insurance Group Specialty, and Acceptance Indemnity Insurance Company.
In this case the Mitchell’s (Plaintiffs) filed a State Court lawsuit alleging violations of the Texas Insurance Code and the DTPA against IAT and Acceptance and conversion and trespass claims against Corker. This Court sue sponte determined that it lacked subject matter jurisdiction and remanded to the State Court.
Plaintiffs owned property insured by IAT and Acceptance. Allegedly, Corker entered the property and stole equipment belonging to the Plaintiffs. The insurers denied the claim.