Williams v. Allstate Insurance Company

United States District Court for the Eastern District of Arkansas

Williams v. Allstate Insurance Company

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION ANGELA WILLIAMS PLAINTIFF 4:19-CV-00835-BRW ALLSTATE INSURANCE COMPANY DEFENDANT ORDER A question of subject-matter jurisdiction may be raised sua sponte at any time.1 Federal court diversity jurisdiction requires an amount in dispute over $75,000 and all the parties on one side of the controversy must be citizens of different states from all of the parties on the other side.2 Plaintiff’s Complaint asserts that Defendant breached an insurance contract when it failed to pay uninsured motorist coverage. Under the contract, that amount is capped at $25,000. Plaintiff seeks the policy limits for uninsured motorist coverage, a 12% penalty, and lawyer’s fees.3

No reasonable attorneys’ fees and 12% can make up the $50,000 difference between the policy limits a the $75,000 jurisdictional minimum. Accordingly, I find to a legal certainty that Plaintiff’s claims do not satisfy the amount-in-controversy requirement.4 The Clerk of the Court is directed to immediately REMAND this CASE to Circuit Court of Pulaski, County, Arkansas. IT IS SO ORDERED this 18th day of August, 2020. Billy Roy Wilson_______________ UNITED STATES DISTRICT JUDGE

1Bueford v. Resolution Trust Corp.,

991 F.2d 481, 485

(8th Cir. 1993).

228 U.S.C. § 1332

; Indianapolis v. Chase National Bank,

314 U.S. 63, 70

(1941). 3Doc. No. 2.

Reference

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