DALLAS – Homeland Insurance Co. of New York has filed a notice of removal in its ongoing insurance coverage dispute against Double Diamond Delaware Inc.
With the motion, Homeland is seeking to have litigation removed from the 160th Judicial District Court of Dallas County, Texas, to the Dallas Division of the Northern District of Texas.
While Homeland is a New York corporation, its primary place of business is considered to be Minnesota, thus satisfying all diversity of citizenship requirements needed to undertake such a legal action in matters of controversy where requested damages exceed $75,000.
With operations in both Delaware and Texas, Double Diamond is considered a legal citizen of both states.
Double Diamond first filed suit in mid-February of this year alleging that Homeland failed to cover damages estimated as high as $158 million done to one of the company’s private and exclusive resort golf course properties in Texas during a severe and dangerous storm period in 2015.
Diamond officials added its property was insured under a three-policy tower, which also included coverage deals with Steadfast Insurance and Colony Insurance.
Both Steadfast and Colony have since reached monetary agreements with Double Diamond that ended their negotiations and only Homeland is now accused of having breached its contract.
While acknowledging that the company was covered and considered a client in good-standing at the time of the incident, Homeland officials have disputed the value of the loss and the amount they are legally obligated to cover.
Attorneys for Double Diamond have since countered by insisting Homeland misrepresented how the policies determine property valuation and have presented Homeland executives with invoices for course, tree and property damages exceeding more than $150 million.
Homeland Insurance is represented by the Dallas-based law firm of Zelle LLP. Meanwhile, Double Diamond has retained the legal services of the Silvera Firm and Haynes and Boone LLP, both of Dallas.