Buras v. United Property & Casualty Insurance Company

E.D. Louisiana

Buras v. United Property & Casualty Insurance Company

DecidedNovember 9, 2023

Docket2:22-cv-04286

StatusUnknown

This text of Buras v. United Property & Casualty Insurance Company (Buras v. United Property & Casualty Insurance Company) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Buras v. United Property & Casualty Insurance Company, (E.D. La. 2023).

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Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

AVERY BURAS CIVIL ACTION VERSUS NO: 22-4286 UNITED PROPERTY AND SECTION: T (5) CASUALTY INSURANCE CO.

ORDER

This Court previously granted Plaintiff Avery Buras leave to file an Amended Complaint naming the Louisiana Insurance Guaranty Association (“LIGA”) as a defendant in this action, as the statutory successor for the original defendant, United Property and Casualty Insurance company. R. Docs. 16; 17; see also La. R.S. § 22:2058(A). The Court ordered the parties to submit supplemental briefing to address whether it may still assert diversity jurisdiction over this action following the addition of LIGA, a defendant non-diverse from Plaintiff, a citizen of Louisiana. R. Doc. 18. LIGA has not filed a memorandum. On the other hand, Plaintiff asserts that the addition of LIGA as a defendant in this action divests this Court of diversity jurisdiction, and consents to the dismissal of his complaint. R. Doc. 38. The Court agrees. As the Fifth Circuit has held, “LIGA has the citizenship for diversity purposes of each of its constituent member insurers.” Temple Drilling Co. v. Louisiana Insurance Guaranty Ass'n, 946 F.2d 390, 394 (Sth Cir. 1991) (citing Carden vy. Arkoma Assocs., 494 U.S. 185 (1990)). There is no dispute that LIGA has member insurers who are citizens of Louisiana. Therefore, complete diversity no longer exists between the parties, and the Court may no longer assert diversity jurisdiction over this action.

The parties identify no other basis for the Court to continue asserting subject matter Jurisdiction over this action, and the Court has found none. Thus, having determined that it lacks subject matter jurisdiction, the Court must dismiss this action. See Fed. R. Civ. P. 12(h)(3). Accordingly; IT IS ORDERED that the above-captioned matter is hereby DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. New Orleans, Louisiana, this 9" day of November, 2023. Cond Gud

United States District Judge

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

AVERY BURAS CIVIL ACTION VERSUS NO: 22-4286 UNITED PROPERTY AND SECTION: T (5) CASUALTY INSURANCE CO.

ORDER

This Court previously granted Plaintiff Avery Buras leave to file an Amended Complaint naming the Louisiana Insurance Guaranty Association (“LIGA”) as a defendant in this action, as the statutory successor for the original defendant, United Property and Casualty Insurance company. R. Docs. 16; 17; see also La. R.S. § 22:2058(A). The Court ordered the parties to submit supplemental briefing to address whether it may still assert diversity jurisdiction over this action following the addition of LIGA, a defendant non-diverse from Plaintiff, a citizen of Louisiana. R. Doc. 18. LIGA has not filed a memorandum. On the other hand, Plaintiff asserts that the addition of LIGA as a defendant in this action divests this Court of diversity jurisdiction, and consents to the dismissal of his complaint. R. Doc. 38. The Court agrees. As the Fifth Circuit has held, “LIGA has the citizenship for diversity purposes of each of its constituent member insurers.” Temple Drilling Co. v. Louisiana Insurance Guaranty Ass'n, 946 F.2d 390, 394 (Sth Cir. 1991) (citing Carden vy. Arkoma Assocs., 494 U.S. 185 (1990)). There is no dispute that LIGA has member insurers who are citizens of Louisiana. Therefore, complete diversity no longer exists between the parties, and the Court may no longer assert diversity jurisdiction over this action.

The parties identify no other basis for the Court to continue asserting subject matter Jurisdiction over this action, and the Court has found none. Thus, having determined that it lacks subject matter jurisdiction, the Court must dismiss this action. See Fed. R. Civ. P. 12(h)(3). Accordingly; IT IS ORDERED that the above-captioned matter is hereby DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction. New Orleans, Louisiana, this 9" day of November, 2023. Cond Gud

United States District Judge

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Buras v. United Property & Casualty Insurance Company, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buras-v-united-property-casualty-insurance-company-laed-2023.

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