As stated before, the insurance companies prefer to litigate cases in Federal Court. One of the ways to stay out of Federal Court when suing the adjuster for an insurance company is to clearly articulate the wrongs that the insurance adjuster committed. This is illustrated in a 2019, opinion from the Northern District of Texas, Dallas Division. The case is styled, David Williams v. Allstate Vehicle And Property Insurance Company.
Williams filed suit against Allstate and Allstate’s adjuster, Murray McKay, alleging that McKay violated various sections of the Texas Insurance Code when adjusting Williams claim for storm damage to his home. Allstate removed the lawsuit to Federal Court pursuant to 28 U.S.C., Section 1441(b), alleging that McKay had been improperly joined in the lawsuit, thus, the requirements of diversity were satisfied. Williams sought a remand to the State Court based on 28 U.S.C., Section 1447(c).
The Federal Court conducts a Rule 12(b)(6) type analysis to determine whether a plaintiff has failed to state a claim against a nondiverse defendant, in this case, the defendant being McKay.