Often times life insurance lawsuits, which are originally filed in State Court, are removed to Federal Court by the defendants. When hiring an attorney to handle your life insurance dispute, it is important to hire an attorney that is licensed to practice law in Federal Court.
How Can the Defendant Remove my Life Insurance Lawsuit to Federal Court?
A common way that life insurance companies remove disputes to federal court is by Diversity Jurisdiction. Diversity Jurisdiction exists when there is a complete diversity of citizenship among the parties and the amount in controversy exceeds $75,000.00 exclusive of interest and costs.
For a corporation, generally speaking, they are considered citizens of the state in which they were incorporated and in which they maintain their principal place of business.
For example, if you are a citizen in Missouri and you sue a life insurance company incorporated in Delaware with principal place of business in New York and the policy amount is $250,000.00 there is a good chance your case is removed to Federal Court by the insurance company.
Hire a Life Insurance Attorney Licensed in Federal Court
It is important to hire an attorney that is licensed in both State and Federal Court! At Joseph & Eugene, we are licensed to handle cases in both state and federal court. If you have a larger life insurance policy over $75,000.00 and the life insurance company is based out of the State of Missouri it is important to hire an attorney that can handle your case no matter what direction it goes.