Civil Practice – Removal – Diversity – Fraudulent Joinder Claim – Insurance Adjuster – South Carolina Lawyers Weekly

By: Teresa Bruno, Opinions Editor//June 16, 2017//

By: Teresa Bruno, Opinions Editor//June 16, 2017//

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Aung v. GEICO (Lawyers Weekly No. 002-153-17, 8 pp.) (Patrick Michael Duffy, J.) 9:17-cv-00856; D.S.C.

Holding: Under South Carolina law (1) generally, employees may be held personally liable for torts they commit in the scope of their employment, even if the employer is also liable by virtue of respondeat superior, and (2) no South Carolina case clearly carves out an exception to that rule for in-house insurance adjusters (Charleston Dry Cleaners & Laundry, Inc. v. Zurich Am. Ins. Co., 586 S.E.2d 586 (S.C. 2003), involved an independent adjuster). Defendants have not met their enormous burden of showing there is no glimmer of hope that plaintiff could prove her negligence claim against defendant Cogdill, an insurance adjuster who lives in South Carolina. Since diversity of citizenship is not complete, this court lacks subject matter jurisdiction.

The court grants plaintiff’s motion to remand to state court.

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