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Addo v. Globe Life and Accident Ins. Co.

A post-complaint letter, which is not plainly a sham, may be "other paper" under 28 U.S.C. section 1446(b).

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The full case caption appears at the end of this opinion.

The determinative question before us is whether an insurance company timely removed a case from state court over a $5,000 life insurance policy when it received aletter, after the case was filed, indicating that plaintiff would seek damages exceeding the federal jurisdictional minimum. Finding that the removal petition wasuntimely, we must vacate a summary judgment for the insurer and remand with instructions to remand to state court.Plaintiff-appellant Alice Addo submitted a claim as the beneficiary under her mother’s life insurance policy to defendant-appellee Globe Life and Accident InsuranceCompany (“Globe”). Upon investigation, Globe discovered that Addo’s mother misrepresented a pre-existing condition on her policy application. Accordingly,Globe denied the claim, rescinded the policy, and refunded Addo the premiums that her mother paid for the policy.Addo brought suit in state court, requesting $5,000 in actual damages — the face amount of the policy — and punitive damages “not to exceed $65,000.” A monthlater, she served a demand letter on Globe, offering to settle the suit for an amount in excess of $75,000. [FOOTNOTE 1] Several months passed before Globe servedinterrogatories on Addo asking her to confirm that the amount in controversy would not exceed $75,000. When she refused to confirm, Globe removed this case tofederal court and Addo moved to remand.

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