‘Voluntary-Involuntary’ Rule Prevents Removal of $9.16 Million Reinsurance Action, Utica Asserts

ALBANY, N.Y. — Utica Mutual Insurance Co. is urging a New York federal judge to remand a $9.16 million reinsurance action, asserting that the “voluntary-involuntary” rule prevents Munich Reinsurance America Inc. from removing the action to federal court.

In its Feb. 20 reply to Munich Re’s opposition, Utica argues to the U.S. District Court for the Northern District of New York that a change in a case creating diversity can justify removal only if the change resulted from a voluntary act by the plaintiff.

Utica provided 12 primary and 12 umbrella policies to Burnham Corp. that were in effect from …