Howery\'s house burned down. When he demanded payment from his insurer, Allstate

Question

Howery's house burned down. When he demanded payment from his insurer, Allstate, it refused to pay, accusing him of arson. Howery sued Allstate in Texas state court to recover under his insurance policy. Subsequently, Allstate made a motion to remove the case to a federal district court. Federal law permits a defendant to remove a case from state to federal court, provided the plaintiff could have brought the suit in federal court at the start. What would Allstate have to show in order to remove to federal court?

Explanation / Answer

In the situation it is observed that Howery sued Allstate in Texas state court based on the insurance policy possessed by him, Allstate filed a motion to remove the case to a federal district court and in order to make the federal court accept the case Allstate either needs to prove that the state court does not have any jurisdiction on the organization. There is another way to move the same to a federal court when the defendant or plaintiff challenges the decision of the state court but that is not at all the case in this context because the decision is yet to be made. Hence the defendant in this case needs to ensure that the state court is not having jurisdiction over the organization.

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