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Expert Analysis - Opinion

Property Claim Ruling Rightly Backs Texas Removal Policy

By Karl Schulz ( November 2, 2022, 3:58 PM EDT) -- On Oct. 3, in its Advanced Indicator & Manufacturing v. Acadia Insurance Co. decision,[1] the U. S. Court of Appeals for the Fifth Circuit resolved a thorny split in Texas federal district courts regarding Texas Insurance Code Chapter 542A by returning to a bedrock principle governing removal. Now as long as the insurer has elected to accept the adjuster's liability any time before removal — even after suit is filed — there is no possibility of recovery against the adjuster and removal will be proper. . . .

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