Haney v. AMCO Insurance Company

Filing 3

ORDER REMANDING CASE. Pursuant to 28 U.S.C. § 1447(c) this action is REMANDED to the District Court from which it was removed, by Judge Marcia S. Krieger on 10/18/2011. (wjc, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable Marcia S. Krieger
Civil Action No. 11-cv-02682-MSK-BNB
CHERYL HANEY,
Plaintiff,
v.
AMCO INSURANCE COMPANY,
Defendant.

ORDER REMANDING CASE

THIS MATTER comes before the Court sua sponte.
The Plaintiff commenced this action in the Denver District Court. The Defendant has
sought removal based upon diversity jurisdiction pursuant to 28 U.S.C.§ 1332. The Court has
reviewed the Complaint, the Notice of Removal, and, if referred to, the Colorado Civil Cover
Sheet. The Plaintiff, who was injured in an auto accident, seeks to recover against her own auto
insurance policy for sums that she was not able to recover from her settlement with the driver
who was at fault. The amount in controversy is the difference between her loss and amount she
recovered from the at-fault driver, which the Plaintiff claims is now owed to her under the
uninsured/underinsured provisions of her own policy . The Complaint quantifies this amount as
$25,498.80 in economic damages but does not quantify any other request. The Notice of
Removal sets forth only the limits of coverage ($300,000) in Plaintiff's policy. Although such
policy limits could set a ceiling of recovery on a breach of contract claim, it does quantify the
amount in controversy. The Civil Cover sheet is insufficient to establish the amount in

controversy.
Consistent with the reasoning in Baker v. Sears Holding Corp., 557 F. Supp. 2d 1208 (D.
Colo. 2007) and Klein v. State Farm Mut. Auto. Ins. Companies, D. Colo. Case No. 08-cv02257-MSK, 2008 WL 4948775 (Nov. 18, 2008), the Court finds that the Defendant(s) have not
shown specific facts, which if true, would demonstrate that the amount in controversy is at least
$75,000.
IT IS THEREFORE ORDERED that pursuant to 28 U.S.C. § 1447(c) this action is
REMANDED to the District Court from which it was removed.
DATED this 18th day of October, 2011.
BY THE COURT:

Marcia S. Krieger
United States District Judge