‘Voluntary-Involuntary’ Rule Requires Remand of $9.16 Million Reinsurance Action, N.Y. Federal Judge Rules

NEW YORK — The “voluntary-involuntary” rule compels remand of a $9.16 million reinsurance action, a New York federal judge has explained, agreeing with Utica Mutual Insurance Co. that the case can become removable only as a result of a voluntary action by the plaintiff, not by a court ruling opposed by the plaintiff.

On April 27, Judge Mae A. D'Agostino of the U.S. District Court for the Northern District of New York explained that because Utica is currently appealing the state court’s severance of its claims against Transatlantic Reinsurance Co., that order is not yet final and the action cannot …