The Yerrid Law Firm, P.A. v. Allied World Insurance Company et al
| The Yerrid Law Firm, P.A. |
| Kouwenhoven and Associates, Inc. and Allied World Insurance Company |
| 8:2020cv00363 |
| February 14, 2020 |
| US District Court for the Middle District of Florida |
| William F Jung |
| Amanda Arnold Sansone |
| Insurance |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 23 Acknowledgment of receipt by the State court on 3/27/2020 re: Order of Remand (JLD) |
Filing 22
ENDORSED ORDER granting #15 Motion to Remand to State Court Due To Lack of Subject Matter Jurisdiction. The non-Florida defendant Allied World sought removal by alleging that the Florida-domiciled insurance broker, K&A, was fraudulently joined to defeat diversity jurisdiction. In this regards, Allied World relies heavily upon Florida law that states a cause of action against an insurance broker does not accrue until the underlying coverage issue is decided. Plaintiffs (who do not bear the burden) argue that this is not the case here, and their contention makes sense and is well taken on these facts. The negligence cause of action against the Florida broker appears to be brought in good faith, and arises from the same set of operative facts as the breach of contract (coverage dispute) against Allied World. Against the broker, Plaintiff seeks either the excess of its damages over the $2 million coverage limit, if coverage exists, or the entirety of damages, roughly $2.6 million, if coverage does not exist. Plaintiff's recovery against the broker is not contingent upon a finding of coverage. The broker is sued here appropriately, and Allied World has not established that either the broker entity or that cause of action was conjured fraudulently by Plaintiff to defeat diversity jurisdiction. There is scant doubt as to this, and any doubts about subject matter jurisdiction are resolved in favor of remand. Adventure Outdoors, Inc. v. Bloomberg, 552 F.3d 1290, 1294 (11th Cir. 2008). The Eleventh Circuit ordains that "a presumption in favor of remand is necessary...." Univ. S. Alabama v. Am. Tobacco Co., 168 F.3d 405, 411 (11th Cir. 1999). The Clerk will remand the case and close this file. Signed by Judge William F. Jung on 3/20/2020. (Jung, William)
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| Filing 21 MOTION to Dismiss Count 1 of Plaintiff's Complaint by Kouwenhoven and Associates, Inc. (Boyd, W.) |
| Filing 20 RESPONSE in Opposition re #15 MOTION to Remand to State Court filed by Allied World Insurance Company. (Lemley, Charles) |
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Filing 19
ENDORSED ORDER granting #18 Motion for Extension of Time to File Response to #12 MOTION to Dismiss Complaint within fourteen (14) days of any future order denying remand. Signed by Judge William F. Jung on 3/4/2020. (CCB)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply as to #12 MOTION to Dismiss Complaint and Incorporated Memorandum of Law by The Yerrid Law Firm, P.A. (Hubbard, Robert) |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case order and track 2 notice by The Yerrid Law Firm, P.A. (Hubbard, Robert) |
| Filing 16 NOTICE of pendency of related cases per Local Rule 1.04(d) by The Yerrid Law Firm, P.A. Related case(s): NO (Hubbard, Robert) |
| Filing 15 MOTION to Remand to State Court by The Yerrid Law Firm, P.A. (Attachments: #1 Exhibit Affidavit of C. Steven Yerrid)(Hubbard, Robert) |
| Filing 14 NOTICE of Appearance by Robert Clayton Hubbard on behalf of The Yerrid Law Firm, P.A. (Hubbard, Robert) |
| Filing 13 NOTICE of Appearance by George A. Vaka on behalf of The Yerrid Law Firm, P.A. (Vaka, George) |
| Filing 12 MOTION to Dismiss Complaint and Incorporated Memorandum of Law by Allied World Insurance Company. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B)(Lemley, Charles) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case order and track 2 notice by Allied World Insurance Company identifying Corporate Parent Allied World Assurance Company, Ltd., Corporate Parent Fairfax Financial Holdings Limited, Corporate Parent Allied World Assurance Holding (U.S.) Inc., Corporate Parent Allied World Assurance Holdings (Ireland) Ltd., Corporate Parent 1102952 2 B.C. Unlimited Liability Company, Corporate Parent OCM Goldfish Inc., Corporate Parent OMERS Administration Corporation. OMERS Administration Corporation for Allied World Insurance Company.. (Lemley, Charles) |
| Filing 10 NOTICE of pendency of related cases per Local Rule 1.04(d) by Allied World Insurance Company. Related case(s): no (Lemley, Charles) |
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Filing 9
ENDORSED ORDER granting #8 Motion for Extension of Time to respond to #1 complaint. Kouwenhoven and Associates, Inc.'s answer or response due 3/20/2020. Signed by Judge William F. Jung on 2/27/2020. (CCB)
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| Filing 8 Unopposed MOTION for Extension of Time to File Answer re #1 Notice of Removal by Kouwenhoven and Associates, Inc.. (Attachments: #1 Exhibit 1 Affidavit of Service Kouwenhoven and Associates Inc.)(Lofaro, Bennett) |
| Filing 7 NOTICE of Appearance by Bennett C. Lofaro on behalf of Kouwenhoven and Associates, Inc. (Lofaro, Bennett) |
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Filing 6
ENDORSED ORDER granting #4 Motion for Extension of Time to File Response to Complaint. Allied World Insurance Company's response due by 2/28/2020. Signed by Magistrate Judge Amanda Arnold Sansone on 2/18/2020. (BEE)
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Filing 5
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Counsel and any unrepresented party shall meet within sixty days after service of the complaint upon any defendant for the purpose of preparing and filing a Case Management Report. Signed by Judge William F. Jung on 2/18/2020. (SAO)
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| Filing 4 Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by Allied World Insurance Company. (Lemley, Charles) Motions referred to Magistrate Judge Amanda Arnold Sansone. |
| Filing 3 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Amanda Arnold Sansone. New case number: 8:20-cv-363-T-02AAS. (SJB) |
| Filing 2 CORPORATE Disclosure Statement by Allied World Insurance Company identifying Corporate Parent Allied World Assurance Company, Ltd., Corporate Parent Allied World Assurance Holdings (Ireland) Ltd., Corporate Parent Allied World Assurance Company Holdings, Ltd., Corporate Parent Allied World Assurance Holdings (U.S.) Inc., Corporate Parent Allied World Assurance Company Holdings I, Ltd., Corporate Parent 1102952 B.C. Unlimited Liability Company for Allied World Insurance Company. (Lemley, Charles) Modified on 2/18/2020 (MCB). |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Thirteenth Judicial Circuit, Hillsborough County, case number 20-CA-602 filed in State Court on 2/14/2020. Filing fee $ 400, receipt number 113A-16482012 filed by Allied World Insurance Company. (Attachments: #1 State Court COMPLAINT Exhibit A, #2 State Court Docket Sheet Exhibit B, #3 State Court Other Documents Exhibit C, #4 Civil Cover Sheet)(Lemley, Charles) |
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