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Home / Opinion Digests / Civil Practice / Civil Practice – Removal – Diversity – N.C. Defendant – Fraudulent Joinder Claim – Insurance – Fraud & Unfair Trade Practices (access required)

Civil Practice – Removal – Diversity – N.C. Defendant – Fraudulent Joinder Claim – Insurance – Fraud & Unfair Trade Practices (access required)

Ansley v. HealthMarkets, Inc. The language of a health insurance policy was not so clear that, as a matter of law, plaintiffs should have figured out as soon as they read the policy that it would not pay for what the defendant-insurance agent said it would pay for. Therefore, defendants have not shown that plaintiffs’ fraud and unfair trade practices claims are time-barred. Plaintiffs’ motion to remand to state court is granted. Plaintiffs’ request for costs and expenses is denied.

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