Insurance company loses effort to remand case involving coverage of Boca Raton condo president

By Marian Johns | May 15, 2019

WEST PALM BEACH — An insurance company's move to send back to state court a coverage dispute with a Boca Raton condo association has been denied by a West Palm Beach federal judge. 

According to the May 9 court filing in the U.S. District Court for the Southern District of Florida, plaintiff, American Mutual Insurance Company (Amica) asked the court to remand its case against defendants RSUI Indemnity Company, United Speciality Insurance Company, Tierra Del Mar Condominium Association Inc., and Brian Upton to state court after the defendants' removed the case to federal court in January.

The case stems from Amica's lawsuit filed over an insurance coverage dispute among the three insurance companies and the "duty to defend" Upton. He has an umbrella personal liability policy with Amica and is being sued along with the Tierra Del Mar Condo Association by a member of the association. 

Amica argues that it is a Rhode Island organization and that Tierra Del Mar's and Upton's "uncontested citizenship in Florida" defeats the U.S. district court's subject matter jurisdiction. Amica also argues that Tierra's and Upton's "lack of consent to removal" is cause for remand. However, U.S. District Judge Robin Rosenberg stated, "This defect is not grounds for remand because Amica failed to timely move for remand."


Rosenberg also noted, "It is unclear to the court how Tierra and Upton’s presence in the action destroys this court’s subject matter jurisdiction based on Amica’s principal place of business or state of incorporation."

Rosenberg added "the record evidence before the court demonstrates that Amica is both incorporated in and has its principal place of business in Rhode Island.

The court concluded that Amica's motion to remand is denied along with company's request for fees to remove the case. 

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