![]() Case 1:21-cv-21751-FAM Document 13 Entered on FLSD Docket of 9 Palmetto's two-count state court complaint against Empire arises out of the commercial insurance policy issued by Empire to Palmetto concerning the insured property located at 77507884 NW 46th Street, Doral, Florida 33166. According to the sworn statement, Plaintiffs insurance claim is for $5,185,922.72. 1 Empire attached a Sworn Statement of Proof of Loss to its notice of removal. According to Empire's notice of removal, there is diversity jurisdiction because the amount in controversy exceeds $75,000 1 and the Plaintiff insured, Palmetto West Park Condominium, Inc., is a Florida corporation and Empire is incorporated in Oklahoma with its principal place of business in Illinois. On May 7, 2021, the Defendant insurer, Empire Indemnity Insurance Company, removed this case. BACKGROUND This is a Hurricane Irma insurance dispute case originally filed in state court. Because the declaratory judgment claim is duplicative of Palmetto's breach of contract claim, Empire's motion to dismiss is granted. ![]() ![]() Empire moved to dismiss the declaratory judgment claim in Plaintiff Palmetto West Park Condominium's complaint. I ORDER GRANTING MOTION TO DISMISS DECLARATORY JUDGMENT CLAIM (COUNT II) IN PLAINTIFF'S COMPLAINT THIS CAUSE came before the Court upon Defendant Empire Indemnity Insurance Company's motion to dismiss (D.E. EMPIRE INDEMNITY INSURANCE COMPANY, Defendant. ![]() 13 Case 1:21-cv-21751-FAM Document 13 Entered on FLSD Docket of 9 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA Miami Division Case Number: 21-21751-CIV-MORENO PALMETTO WEST PARK CONDOMINIUM, INC., Plaintiff, vs. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |