SIMS v. PROGRESSIVE DIRECT INSURANCE CO., JFM-14-3035. (2014)
Court: District Court, W.D. Missouri
Number: infdco20140317b27
Visitors: 15
Filed: Mar. 14, 2014
Latest Update: Mar. 14, 2014
Summary: MEMORANDUM J. FREDERICK MOTZ, District Judge. This action was originally instituted in the Circuit Court of Greene County, Missouri. Defendant removed the action to this court. Plaintiffs have filed a motion to remand. The action was properly removed and technically it may well be that the motion to remand should be denied. However, plaintiffs now agree that Count III — which seeks to state a claim for a bad faith denial of coverage — does not state a claim upon which relief can be granted. Fu
Summary: MEMORANDUM J. FREDERICK MOTZ, District Judge. This action was originally instituted in the Circuit Court of Greene County, Missouri. Defendant removed the action to this court. Plaintiffs have filed a motion to remand. The action was properly removed and technically it may well be that the motion to remand should be denied. However, plaintiffs now agree that Count III — which seeks to state a claim for a bad faith denial of coverage — does not state a claim upon which relief can be granted. Fur..
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MEMORANDUM
J. FREDERICK MOTZ, District Judge.
This action was originally instituted in the Circuit Court of Greene County, Missouri. Defendant removed the action to this court. Plaintiffs have filed a motion to remand. The action was properly removed and technically it may well be that the motion to remand should be denied. However, plaintiffs now agree that Count III — which seeks to state a claim for a bad faith denial of coverage — does not state a claim upon which relief can be granted. Further, plaintiffs state that the highest possible award for attorneys' fees would be $16,545.00. Of course, if plaintiffs were to attempt to proceed with a bad faith claim or seek attorneys' fees in excess of $16,545.00, they would be judicially estopped from doing so in light of the representations that they have made in seeking remand. Thus, the only remaining claim is for $50,000 under the subject insurance policy. That claim is best litigated in state court since it is well below the jurisdictional amount necessary for subject matter jurisdiction in this court. A separate order granting plaintiffs' motion to remand and remanding this case to the Circuit Court for Greene County, Missouri is being entered herewith.
Source: Leagle
