Insurance lawyers time and time again have a difficult time properly suing insurance adjusters when their case is in Federal Court. This is illustrated in a June 16, 2021, opinion from the Northern District of Texas, Dallas Division. The opinion is styled, Thomas Paredes and Kerry Paredes v. The Cincinnati Insurance Company and John Schuster.
The Paredes had their property insured through Cincinnati. They incurred a hail storm loss properly reported it. Cincinnati assigned adjuster, Schuster to the claim. The Paredes were dissatisfied with the way the claim was handled and filed the present suit. The lawsuit was timely removed to Federal Court on the basis that Schuster (the Adjuster) was improperly joined and that without the Adjuster, diversity jurisdiction existed. The Paredes filed a motion to remand which is the subject of this opinion.
Cincinnati says the Adjuster was improperly joined in the lawsuit because the Paredes have not stated a cause of action against him.