Insurance lawyers know that one of the more common claims arise from homeowners claims. Trying to keep the case in State or County Court is most favorable for the homeowner. However, doing that is more and more difficult. This is illustrated in the 2017, Northern District, Fort Worth Division opinion, William Mauldin v. Allstate Insurance, et al.
After damages were suffered to the residence of William, he made a claim against his homeowner’s policy with Allstate. A lawsuit was eventually filed against Allstate and the adjuster Mayella Gonzalez for violations of the Texas Insurance Code and the Texas DTPA.
Allstate and Gonzalez removed the case to Federal Court under 28 U.S.C. Section 1441(a), alleging that the adjuster Gonzalez was improperly joined in an effort to defeat diversity. When improper joinder is alleged, the Court does a Rule 12(b)(6) type of analysis to determine whether there is a chance of recovery against Gonzalez.