An insurance company failed in its bid to maintain diversity jurisdiction in a case seeking to collect underinsured motorist benefits.
U.S. Magistrate Judge Robert C. Mitchell of the Western District of Pennsylvania ruled that two of the company’s insurance adjusters who are citizens of Pennsylvania, as is the plaintiff, were not fraudulently joined in the case. Since their joinder defeats diversity jurisdiction, he remanded the case to the Beaver County Court of Common Pleas.
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