FORT MYERS — A Fort Myers woman's request for certification for interlocutory appeal has been denied by a federal court in her insurance dispute case against Travelers Insurance.
According to the May 15 U.S. District Court for the Southern District of Florida filing, plaintiff, Wendy Wopshall, petitioned the court to review the removal of her case against the defendant, Travelers Home & Marine Insurance, Co., from state court to federal court.
At question in the case is the time period for the case removal in accordance with the U.S. Code 1446 Procedure for removal of civil actions.
Wopshall argued her lawsuit regarding an uninsured motorist policy dispute with Travelers was "removed from state court" after the 30-day time period required by U.S. Code 1446. She argues the "30-day removal clock" did not start when Travelers received the "first written paper" in which Wophall stated the "amount in controversy might exceed $75,000" and that her "pre-lawsuit demand letter" that let Travelers know the amount exceeds $75,000, should have begin the 30 day time period. According to the court filing, Travelers offered to pay Wopshall "the full $100,000 value" which was around the remainder of her claim after her primary insurer benefits were paid.
The court examined two "approaches" in district court case precedent that shows some "conflict" in case law, according to U.S. Magistrate Judge Shaniek Maynard's decision. Maynard stated Wopshall's "preferred method" of calculating the 30-day time period would not have affected the outcome of the case and that Travelers' "notice of removal" was timely.
The court therefore denied Wopshall's request for certification for interlocutory appeal.