In the case of Turner v. Progressive Specialty Ins. Co., No. 2:24-CV-00939-JFM (E.D. Pa. Aug. 14, 2024 Murphy, J.), the court granted a motion to remand a class action regarding UM/UIM coverage issues after finding that grounds for federal court jurisdiction were not met by the carrier.
The court noted that this case was removed by Progressive from the Court of Common Pleas of Philadelphia County to the federal district court. The court noted that the purported basis for jurisdiction in this case was the Class Action Fairness Act which requires, among other things, that the aggregate amount in controversy be at least $5 million dollars.
In an Amended Complaint, the Plaintiff dropped any claim for punitive damages and and confirmed that all that was sought was a judicial declaration of uninsured and underinsured motorist coverage for him and other proposed class members.
The court found that Progressive had not met its burden to establish the amount in controversy for federal court jurisdiction. As such, the case was remanded to the state court.
Anyone wishing to review a copy of this decision may click this LINK.
I send thanks to Attorney Scott B. Cooper of the Harrisburg, PA law firm of Schmidt Kramer for bringing this case to my attention.