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A decision by the U.S. District Court for the Southern District of Florida highlights a split among Florida district courts regarding whether to include statutory attorneys’ fees when calculating whether an insurance coverage case removed from state court meets the amount in controversy requirement under federal law.

The Case

On September 10, 2017, Hurricane Irma struck South Florida and damaged the home owned by Jaclyn and Xavier Caceres. The Cacereses submitted a claim to their insurer, Scottsdale Insurance Company.

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