Charles Hall and Mark Tinker recently defeated a plaintiff’s attempt to preclude State Farm Insurance Company from removing a potential bad-faith claim to federal court. Specifically, the plaintiff pled that the bad-faith claim in the same lawsuit as his underlying uninsured motorist claim. He then convinced the trial judge to simply abate the bad-faith claim, rather than dismiss it. That act would have thwarted State Farm’s right of removal, because by the time the bad-faith claim accrued the statutory timeframe for removal it would have expired.
But right before the trial judge entered judgment on the uninsured motorist claim, and thus made the bad-faith claim viable, Charles Hall convinced her to reconsider her prior ruling and dismiss the bad-faith claim such that it must be re-filed in a separate lawsuit – thus reviving the right of removal. The plaintiff appealed, and BLG appellate attorney Mark Tinker obtained an affirmance in the Second District Court of Appeal. The plaintiff must now file a separate suite which can be removed to federal court.
For any questions regarding this case or similar issues, please contact Mark Tinker at (727) 825-3615 or toll free at (877) BLG-4321.
August 19, 2014
November 24, 2014