Esurance Suit Over Motorist Coverage Back In State Court

Law360, New York (July 25, 2011, 10:07 PM EDT) -- An Esurance Insurance Co. policyholder who brought a putative class action against the company for allegedly charging customers for "illusory" underinsured motorist coverage that could never be triggered won remand of his lawsuit to Illinois state court Monday.

U.S. District Judge David R. Herndon said Esurance has failed to provide sufficient evidence on the number of claimants under the coverage or the amount in controversy to show that removal was proper under the Class Action Fairness Act.

In removing the lawsuit to federal court in October,...
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