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June 28, 2010

Pennsylvania Federal Court Remands on Policyholder's "Certified" Amount in Controversy.

   In Rosado v. Encompass Insurance Co., Download ACCESS FREE OF CHARGE Rosado v. Encompass Insurance Co. (E.D. Pa. Case No. 10.1877, Memorandum Opinion and Order Filed June 10, 2010) also published as 2010 WL 2431829 (E.D. Pa. Opinion Filed June 10, 2010)(Westlaw subscription required to access Westlaw) a Federal Court granted the Plaintiff-Policyholder's Motion for Remand of his Bad Faith and other Claims under Pennsylvania Law.  The issue was the amount in controversy for Federal Jurisdiction.  The Plaintiff-Policyholder filed a "Certification of Damages" in which he certified that he was not seeking at or more than $75,000.00, the limit of Federal Jurisdiction.  The Defendant Insurance Company put on no evidence to the contrary.  The Federal Court thus remanded.  Rosado, 2010 WL 2431829 at *1-*3.

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Posted by on June 28, 2010 at 05:17 AM in Remand Back to State Court from Federal Court |

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