ALLSTATE FIRE AND CASUALTY INSURANCE CO. v. LOVE

No. 22-20405.

71 F.4th 348 (2023)

ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Plaintiff-Appellee, v. Allison LOVE; Tammy Love, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED June 22, 2023.


Attorney(s) appearing for the Case

Ronald J. Restrepo , Doyle, Restrepo, Harvin & Robbins, L.L.P., Houston, TX, for Plaintiff-Appellee Allstate Fire and Casualty Insurance Company.

Meredith Marie Smith , Ms., Law Office of Richard J. Presutti, P.C., Houston, TX, for Defendants-Appellants.

Before Higginbotham, Graves, and Douglas, Circuit Judges.


The issue on appeal is whether, in an action seeking declaratory relief, the amount of an insurance policy or the underlying claim determines the amount in controversy to establish diversity jurisdiction pursuant to 28 U.S.C. § 1332(a). We hold that where there is a legal possibility that an insurance company...

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