Dammann v. Progressive Direct Insurance

by
Plaintiffs filed a class action in state court alleging that Progressive sold insurance policies with benefits below the statutory minimum required by Minnesota state law. On appeal, plaintiffs challenged the district court's denial of plaintiffs' motion to remand to state court after Progressive removed to federal court. The Eighth Circuit concluded that the district court properly denied the motion for remand because plaintiffs failed to establish the amount they collectively paid in premiums, and without such information, the court could not determine whether it would be legally impossible for them to recover $5,000,000. The Eighth Circuit also concluded that the district court properly dismissed plaintiffs' claim on the ground that the deductible practice challenged by plaintiffs did not violate Minnesota's No Fault Act. Accordingly, the Eighth Circuit affirmed the judgment. View "Dammann v. Progressive Direct Insurance" on Justia Law