John v. Essentia Insurance Company, No. 8:2023cv00310 - Document 12 (D. Md. 2023)

Court Description: MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 3/28/2023. (bas, Deputy Clerk)

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John v. Essentia Insurance Company Doc. 12 Case 8:23-cv-00310-PJM Document 12 Filed 03/28/23 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND PATRICK JOHN, Plaintiff, Civil No. 23-310-PJM V. ESSENTIA INSURANCE COMPANY, Defendant. MEMORANDUM OPINION Plaintiff Patrick John ("John") has sued Defendant Essentia Insurance Company ("Essentia") for breach of contract. Before the Court is John's Motion to Remand to State Court (ECF No. 10). Essentia opposes the Motion(ECF No. 11). For the reasons that follow, no hearing being necessary, the Court DENIES Plaintiffs Motion to Remand. J ohn, a citizen of Maiyland, held an insurance policy issued by E ssentia, a corporation domiciled in Missouri and Virginia, for $543,000 total coverage of two Porsche vehicles. The vehicles were apparently stolen from J ohn's garage on J anuary 2020, prompting him to file a claim with E ssentia. After a ye^-long investigation, E ssentia declined to pay the elaim on the bases of fraud and a lack of insurable interest. Accordingly, on December 19, 2022, J ohn sued E ssentia for breach of contract in the C ircuit C ourt for Prince George's C ounty, Maryland. The parties apparently do not dispute that (1) J ohn properly served the Maryland Insurance Commissioner as E ssentia's statutory agent pursuant to Md. Code Ann., Ins. § 4-107 on December 22,2022, and (2) that the Commissioner forwarded the service to E ssentia on J anuary 3,2023. Then, on February 3, 2023, E ssentia removed the lawsuit to the U.S . District Court for the District of Maryland on the basis of diversity jurisdiction pursuant to 28 U.S .C. § 1332(a). On March 3, 2023, J ohn filed the instant Motion to R emand to S tate C ourt. His chief argument in support of remand is Dockets.Justia.com Case 8:23-cv-00310-PJM Document 12 Filed 03/28/23 Page 2 of 3 Case 8:23-cv-00310-PJM Document 12 Filed 03/28/23 Page 3 of 3

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