A court of the Northern District of Texas adopted a magistrate’s recommendation to remand a case to state court, finding the insurer failed to meet its burden to establish the amount in controversy where the insured’s petition alleged a sum of $250,000 or less in damages.
commercial general liability policy, property damage, fire damage, motion to remand, duty to defend, amount-in-controversy, preponderance of evidence, breach of contract, good faith and fair dealing, DTPA