A court in the Northern District of Texas adopted a magistrate’s ruling and held that the insurer’s pre-removal election to accept liability for its adjuster under Tex. Ins. Code ยง 542A.006 extinguished any possibility of recovery against the adjuster, rendering his joinder improper and defeating the insured’s remand motion, while also denying the insured’s post-removal attempt to join a non-diverse defendant whose claims were already pending in a separate state court action.
homeowner’s property policy, property damage, election of responsibility, motion to remand, joinder, removal