11th Circuit: District Court Had Jurisdiction, Appeal Against Insurer May Proceed

(October 5, 2023, 2:47 PM EDT) -- ATLANTA — The 11th Circuit U.S. Court of Appeals has determined that the dismissal of a contractor from an insurer’s declaratory judgment action related to an underlying construction defect action was valid and that the parties were diverse in the first instance, allowing the project owner’s appeal of the lower court’s ruling granting judgment on the pleadings to the insurer, which was noticed in December, to proceed....

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