Getting the insurance adjuster served with legal papers in a lawsuit is important and for some reason, overlooked. This is illustrated in an Eastern District, Sherman Division case styled, Robert Crawford v. Allied Property and Casualty Insurance Company, Laura Jones.
Crawford, a citizen of Texas, sued Allied, an Iowa Company and Jones, who is a Texas resident in State District Court. The suit arises out of the Defendant’s alleged improper handling of an insurance claim. Crawford suffered extensive damage to his property during a storm. Allied was Crawford’s insurer. Jones was hired by Allied to inspect and adjust Crawford’s loss. Thereafter, it is alleged that Jones conducted a substandard investigation and inspection of the property, prepared a report that failed to include all of the damages that she noted during the inspection, and undervalued the damages she observed during the inspection, all of which resulted in Allied denying Crawford adequate coverage under the policy. Crawford sued for breach of contract and sued Allied and Jones for violations of the Texas Insurance Code.
Allied and Jones removed the case to Federal Court based on diversity jurisdiction, alleging that Jones was improperly joined to defeat diversity jurisdiction.