A court of the Eastern District of Texas denied a motion to remand and a commercial property buyer’s motion to intervene in a dispute between an insurer and an insured under a commercial property insurance policy arising from a hail-damage claim where hail damaged the property after execution of the sales contract but before closing, adopting a magistrate’s recommendation to find that the buyer’s potential action arises from the sale’s contract and is thus independent of the seller’s claim against its insurer, regardless of whether the seller recovers any insurance benefits.
