Don’t Mess With Texas Adjusters In Hail Damage Claims

Source: Zelle Hofmann Voelbel & Mason LLP

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"These decisions, each of which concluded that the policyholder’s claims against a Texas adjuster were made for the sole purpose of avoiding federal court jurisdiction, are consistent with the down-in-the-trenches realities of hail claim litigation. Policyholders rarely, if ever, include the insurance adjuster as a party to the lawsuit when the defendant insurer is a Texas resident. In such cases, naming the adjuster as a defendant is not necessary to destroy diversity jurisdiction."

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"Fortunately, One Way Investments and similar federal court decisions signal the end of this transparent game. Absent highly unique circumstances, suing Texas adjusters in Texas hail damage claims will almost always be considered fraudulent joinder."

The above information is from an article on  Zelle Hofmann Voelbel & Mason LLP 2015, click to read the complete article. 

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