Keeling v. Esurance Ins. Co.

Federal 7th Circuit Court
Civil Court
Class Action
Citation
Case Number: 
No. 11-8018
Decision Date: 
September 26, 2011
Federal District: 
Petition for Permission to Appeal from S.D. Ill.
Holding: 
Petition granted and judgment reversed
Dist. Ct. erred in granting plaintiff-class action's motion to remand back to state court instant action alleging that defendant-insurance company charged consumers for uninsured or underinsured motorist coverage that was worthless in light of policy's restrictions, where case had been removed under Class Action Fairness Act, and where plaintiff claimed that amount in controversy failed to meet $5 million jurisdictional threshold. Record showed that expense of restitution plus cost of prospective relief totaled $2 million, and plaintiff failed to demonstrate that it would be legally impossible to obtain $3 million in punitive damages based on $600,000 in alleged fraud losses.