Craig Miller v. Allstate Fire and Casualty Insurance Company

Summary

The United States District Court for the Middle District of Florida granted Craig Miller’s motion to remand an underinsured motorist benefits action to Florida state court. The court held that Allstate failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000 because the claimed future medical expenses and potential spine surgery were too speculative.

Holdings

1. Allstate failed to establish by a preponderance of the evidence that the amount in controversy exceeded $75,000.
2. Miller's $100,000 presuit demand did not, by itself, establish that the amount in controversy exceeded $75,000 because the demand's references to future medical expenses and possible spine surgery were speculative.

Questions Presented

1. Whether Allstate established by a preponderance of the evidence that the amount in controversy exceeded $75,000 for purposes of diversity jurisdiction.
2. Whether Miller's presuit settlement demand and references to possible future medical treatment, including spine surgery, sufficiently demonstrated that the jurisdictional amount was satisfied at the time of removal.

Disposition

remanded