Notice Of Removal Was Timely Filed; Amount Of Damages Was Unclear, Judge Says

Mealey's (March 7, 2019, 8:20 AM EST) -- SAN DIEGO — An insured’s motion to remand a complaint alleging claims for breach of contract and bad faith must be denied because the auto insurer’s notice of removal was not untimely filed as the amount in controversy was not clear, a California federal judge said March 5, noting that the complaint did not state the amount of damages being sought by the insured, (Paul Harner v. USAA General Indemnity Insurance Co., No. 18-1993, S.D. Calif., 2019 U.S. Dist. LEXIS 352200)....