Making a claim against the adjuster handling the claim is an advantage in lawsuits, or at least that is what many attorneys believe. A proper analysis of making a claim against an adjuster is discussed in this 2023 opinion from the Eastern District of Texas, Sherman Division. The opinion is styled, Lawrence Family Fund, LLC v. Westchester Surplus Lines Insurance Company, et al.
This is a property damage claim alleged to have occurred when Lawrence incurred a theft. A claim was made against Westchester and the adjuster Westchester hired to adjust the claim, Frederick Achala. The lawsuit filed in State Court and Westchester removed the case to Federal Court asserting that Achala was improperly joined in the lawsuit in an effort to defeat diversity jurisdiction under 28 U.S.C. Section 1441 and 28 U.S.C. Section 1332. Lawrence then filed this motion to remand claiming that Achala had not been improperly joined.
The statute permits the removal of any civil action brought in a State court of which the district courts of the United States have original jurisdiction.