Opinion
CASE NO. 5:08cv07/RS-EMT.
February 21, 2008
ORDER
Before me is Plaintiffs' Motion To Remand (Doc. 11).
Plaintiffs have made claims for the uninsured motorist coverage provided by Defendant. The policy provides coverage of $25,000 per person and $50,000 per accident. Plaintiffs own two vehicles which are covered by the policy. Therefore, the uninsured motorist coverage is "stacked", which results in available coverage of $50,000 per person and $100,000 per accident. Plaintiffs confirm that neither of them can assert a claim against Defendant in excess of $50,000. Although each Plaintiffs' claim arises out of the same accident, their individual claims cannot be aggregated to meet the required jurisdictional amount. See Eagle Star Insurance Co. v. Maltes, 313 F.2d 778 (5th Cir. 1963). This court lacks jurisdiction, and the case must be remanded to state court.
IT IS ORDERED that this case is remanded to the Circuit Court for Bay County, Florida.
ORDERED.