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Robinson v. Berkshire Life Ins. Co. of Am.

Challenge to Benefits' Termination Remanded; Diversity Threshold Not Shown Satisfied

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OPINION AND ORDER In this state-law action, Plaintiff Ilana Robinson challenges the decision of Defendant Berkshire Life Insurance Company of America (“Berkshire”) to terminate the benefits payments she had been collecting under a Berkshire-issued disability income insurance policy. Although Robinson initially filed this action in state court, Berkshire and its since-dismissed codefendant, The Guardian Life Insurance Company of America (“Guardian”), removed the case to federal court on August 23, 2018. (Dkt. No. 1.) As the Court will explain below, however, Berkshire has failed to demonstrate that this case falls within the scope of this Court’s subject-matter jurisdiction, and the case must therefore be remanded back to state court.I. BackgroundBerkshire, a wholly owned subsidiary of Guardian, issued a disability income insurance policy (the “Policy”) to Robinson in April 2010.1 (Dkt. No. 8 at 8-27 (“Compl.”)

4, 9.) After Robinson suffered a total disability in December 2013, she began receiving benefits payments under the Policy in the amount of $3,890 per month. (Compl.

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