Rellim Contracting LLC v. Kinsale Insurance Company

Summary

The United States District Court for the Middle District of Florida denies Rellim Contracting LLC’s motion to remand an insurance dispute removed by Kinsale Insurance Company on diversity-jurisdiction grounds. The court concludes that the parties’ citizenship was adequately alleged and that the amount in controversy exceeds $75,000 based on claimed expenses and Rule 26(a)(1) disclosures. The court denies both parties’ requests for attorney’s fees.

Holdings

1. Defendant's notice of removal properly alleges Plaintiff's citizenship by identifying Plaintiff as an LLC and listing the citizenships of its members with supporting documentation.
2. Defendant's allegations that it is an Arkansas corporation with its principal place of business in Virginia, making it a citizen of both states, are sufficient without additional supporting information.
3. Defendant's notice of removal satisfies the amount in controversy requirement by showing, by a preponderance of the evidence, that the amount exceeds $75,000.
4. Plaintiff is not entitled to attorney's fees and costs because Defendant had an objectively reasonable basis for seeking removal.

Questions Presented

1. Whether Defendant's notice of removal properly alleges diversity of citizenship between the parties.
2. Whether the amount in controversy exceeds $75,000.
3. Whether Plaintiff is entitled to attorney's fees and costs under 28 U.S.C. § 1447(c) for Defendant's removal.

Disposition

other