MIAMI — A Miami U.S. District Judge has denied a Florida woman's motion to remand in a lawsuit she filed against her home insurance company for alleged breach of insurance relating to damage her property sustained during Hurricane Irma in 2017.
According to the U.S. District Court for the Southern District of Florida court order, plaintiff Miriam Coopersmith was denied her motion to remand in her case against the Scottsdale Insurance Company.
Coopersmith's case against Scottsdale stems from the insurance company's determination that her property damage, which was covered under her policy, amounted to $5,883.54, which falls below her $6,250.000 deductible. The company therefore denied Coopersmith's claim, causing her to file a lawsuit against Scottsdale for breach of insurance contract.
In August 2018, Scottsdale removed the litigation to federal court due to arguing that Coopersmith's written estimated damages of $77,765.59, not including attorney fees, exceeded the court's "jurisdictional threshold" and that the case should be remanded.
The plaintiff argued the court should look at the "actual amount in controversy must encompass depreciation value," which reduces the amount to $74,667.41 and is "only slightly below the statutorily prescribed amount in controversy."
U.S. District Judge Darrin Gayles disagreed and stated "even assuming that [the amount] is correct, the court finds that reasonable attorney fees would satisfy the amount in controversy."
The court stated it found the "settlement demand is reasonably supported" in the plaintiff's claim that includes mold estimates, testing and rebuilding.
Gayles cited case precedent and further noted "when including attorney fees at the time of removal, the court agrees that the amount in controversy in this case exceeds $75,000, and diversity jurisdiction therefore exists."