Foust v. City Insurance

ORDER AND REASONS

GEE, Circuit Judge.

Before the Court is the motion of Donald J. Foust, plaintiff, for a remand of this cause, removed from the 385th District Court, Ector County, Texas, to that court. For reasons to be stated, the motion will be GRANTED.

Facts

This cause, modelled on the recent Texas Supreme Court decision in Aranda v. Ins. Co. of North America, 748 S.W.2d 210 (Tex.1988), asserts a bad faith failure by the defendant insurance company to pay certain worker’s compensation and medical benefits claimed due him pursuant to Texas Worker’s Compensation law. It is defendant’s…