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American International Insurance Company v Harold J. Heltzer, et al
State: Maryland
Court: Maryland District Court
Case Date: 02/26/2001
Preview:IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION AMERICAN INTERNATIONAL INSURANCE COMPANY, Plaintiff, vs. HAROLD J. HELTZER et al., Defendants. Civil Action No. AW-00-3355

MEMORANDUM OPINION Currently pending before the Court is Plaintiff's Motion to Remand [4-1]. The motion has been fully briefed by all parties. No hearing is deemed necessary. See Local Rule 105.6. Upon consideration of the arguments made in support of, and opposition to, the motion, the Court shall grant Plaintiff's motion and remand the case to state court for further proceedings. I. FACTUAL BACKGROUND Defendants Harold and Paula Heltzer (collectively "the Heltzers") hold an automobile insurance policy issued by Plaintiff, American International Insurance Company ("AIIC"). Defendant Meredith Heltzer ("Ms. Heltzer") is the daughter of the Heltzers. In 1997, Ms. Heltzer was involved in a car accident. Thereafter, the defendants notified AIIC that Ms. Heltzer intended to seek certain benefits under the uninsured motorist provision of the policy issued to the Heltzers. In response, AIIC filed a declaratory judgment action in the Circuit Court for Montgomery County, Maryland to determine the availability and amount of coverage potentially available to Ms. Heltzer under the Heltzers' insurance policy. Defendants removed this case to federal court on grounds of complete diversity.

II.

DISCUSSION Pursuant to 28 U.S.C.
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