Don't Mess With Texas Adjusters In Hail Damage Claims

Law360, New York (February 6, 2015, 12:36 PM EST) -- Texas hail claim policyholder lawyers, like many plaintiffs' lawyers, clearly prefer to be in state court rather than federal court. To accomplish this and prevent the defendant insurer from properly removing the lawsuit to federal court, Texas policyholder attorneys simply sue the adjuster (who, like the policyholder, is almost always a Texas resident). This common act of gamesmanship ostensibly destroys the complete diversity of citizenship required for federal court diversity jurisdiction, allowing the policyholder to litigate its hail damage claim in state court....

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