Schubert v. Auto Owners Ins. Co.

Docket Number10-2761
Decision Date12 August 2011

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165 cases
  • Am. Family Mut. Ins. Co. v. Hollander
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • February 1, 2013
    ...Hollander had an “obligation to show, by a preponderance of the evidence, facts supporting jurisdiction.” Schubert v. Auto Owners Ins. Co., 649 F.3d 817, 822 (8th Cir.2011). And, since subject matter jurisdiction was at issue, the trial court also had an obligation to evaluate it. Id. at 82......
  • United Nat'l Ins. Co. v. Mundell Terminal Servs., Inc.
    • United States
    • U.S. District Court — Western District of Texas
    • December 21, 2012
    ...interest for the policy to be valid is easily satisfied because courts define “insurable interest” broadly, Schubert v. Auto Owners Ins. Co., 649 F.3d 817, 826–27 (8th Cir.2011), and make every effort to find an insurable interest to sustain coverage. 44 C.J.S. Insurance § 318 (2007). In th......
  • Hunter v. Page Cnty.
    • United States
    • U.S. District Court — Southern District of Iowa
    • January 31, 2023
    ...a federal court has subject-matter jurisdiction is based on the face of the complaint "at the time of removal." Schubert v. Auto Owners Ins., 649 F.3d 817, 822 (8th Cir. 2011) (citations omitted); St. Paul Mercury Indem. Co. v. Red Cab Co., 303 U.S. 283, 291, 58 S.Ct. 586, 82 L.Ed. 845 (193......
  • Brown v. Mortg. Elec. Registration Sys., Inc.
    • United States
    • U.S. Court of Appeals — Eighth Circuit
    • December 31, 2013
    ...measured either at the time the action is commenced or, more pertinent to this case, at the time of removal.” Schubert v. Auto Owners Ins. Co., 649 F.3d 817, 822 (8th Cir.2011) (citing McLain v. Andersen Corp., 567 F.3d 956, 965 (8th Cir.2009)). The CAFA statute indicates that the 100 membe......
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