§ 12.20 Removal

• Library: Guide to South Carolina Liability and Property Insurance Law (SCBar) (2019 Ed.)

§ 12.20 Removal

Removal of insurance matters are typically based on diversity jurisdiction and governed by 28 U.S.C. § 1441(b), which provides:

(b) Removal based on diversity of citizenship

(1) In determining whether a civil action is removable on the basis of the jurisdiction under section 1332(a) of this title [28 USCS § 1332(a)], the citizenship of defendants sued under fictitious names shall be disregarded.
(2) A civil action otherwise removable solely on the basis of the jurisdiction under section 1332(a) of this title [28 USCS § 1332(a)] may not be removed if any parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.

"'Federal courts are presumptively without jurisdiction over civil actions, and the burden of establishing the contrary rests firmly on the party asserting jurisdiction.'"¹⁴² Therefore, if a party can establish diversity exists - i.e., no plaintiff shares citizenship with any defendant and that the amount in controversy exceeds $75,000 - courts will determine that the case is removable.

The federal district...