Filed: Sep. 19, 2018
Latest Update: Sep. 19, 2018
Summary: STIPULATION AND ORDER TO REMAND TO STATE COURT RICHARD F. BOULWARE, II , District Judge . Plaintiff ZARINA CROWE ("Plaintiff") and Defendant STEADFAST INSURANCE COMPANY ("Defendant")(collectively referred to as to "the Parties"), by and through their respective counsel of record, stipulate as follows: 1. Plaintiff's Complaint was originally filed in for Clark County, State of Nevada, on August 8, 2018. 2. Defendant removed this matter on August 27, 2018, on grounds of diversity of citizen
Summary: STIPULATION AND ORDER TO REMAND TO STATE COURT RICHARD F. BOULWARE, II , District Judge . Plaintiff ZARINA CROWE ("Plaintiff") and Defendant STEADFAST INSURANCE COMPANY ("Defendant")(collectively referred to as to "the Parties"), by and through their respective counsel of record, stipulate as follows: 1. Plaintiff's Complaint was originally filed in for Clark County, State of Nevada, on August 8, 2018. 2. Defendant removed this matter on August 27, 2018, on grounds of diversity of citizens..
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STIPULATION AND ORDER TO REMAND TO STATE COURT
RICHARD F. BOULWARE, II, District Judge.
Plaintiff ZARINA CROWE ("Plaintiff") and Defendant STEADFAST INSURANCE COMPANY ("Defendant")(collectively referred to as to "the Parties"), by and through their respective counsel of record, stipulate as follows:
1. Plaintiff's Complaint was originally filed in for Clark County, State of Nevada, on August 8, 2018.
2. Defendant removed this matter on August 27, 2018, on grounds of diversity of citizenship pursuant to 28 U.S.C. §1441 (b).
3. The Complaint alleges a claim for breach of contract and asserts allegations of bad faith.
4. Plaintiff was involved in a motor vehicle collision on January 7, 2017. Plaintiff has previously recovered $15,000.00 from GEICO, representing the tortfeasor's bodily injury liability limits.
5. By way of this litigation, Plaintiff only seeks monetary damages in excess of the $15,000.00 which Plaintiff has previously recovered from GEICO under their policy of insurance which provided coverage to the tortfeasor.
6. Pursuant to this Stipulation, Plaintiff agrees that her total claimed recoverable damages for underinsured motorist coverage against Defendant in this action does not, and will not, exceed the sum of Fifty Thousand and 00/100 Dollars ($50,000.00), less the applicable offset recovered pursuant to the tortfeasor's bodily injury liability limits, and exclusive of costs and interest.
7. Pursuant to this Stipulation, the parties agree that Plaintiff's cause of action against Defendant is contractual in nature and specifically with regard to the value of Plaintiff's underinsured motorist claim.
8. Pursuant to this Stipulation, Plaintiff and Defendant have agreed to submit their dispute to arbitration in the Court Annexed Arbitration Program of the Eighth Judicial District Court of the State of Nevada.
9. Pursuant to this Stipulation, Plaintiff agrees that any claims for bad faith, as well as Plaintiff's prayer for punitive damages, shall be dismissed, with prejudice.
10. By entering into this Stipulation, Defendant neither acknowledges nor concedes liability or damages with respect to any claims brought by Plaintiff in her Complaint, or as such Complaint may hereafter be amended, and expressly denies liability and damages.
ORDER
IT IS SO ORDERED.
