Remand • Independent Claim Test • Breach of Contract • Declaratory Judgment • Essence of the Action
Schodle v. State Farm Mutual Automobile Ins. Co. PICS Case No. 17-0711 (E.D. Pa. March 30, 2017) Bartle, J. (7 pages).
Plaintiff moved to remand his declaratory judgment and breach of contract claims to state court in his action against automobile insurer for underinsured driver coverage but court found that the breach of contract claim alone was sufficient to give the court subject matter jurisdiction, that issue could be adjudicated even if the declaratory judgment claim was dismissed and the breach of contract claim was the essence of the action. Motion denied.
