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Judge Horan recently granted an insureds' motion to remand
after finding that an insurance agency was not fraudulently joined
because the UTPCPL claim against it was
"colorable."
See
In
Starkey, the insured was involved in an
automobile accident and pursued a claim for underinsured motorist
(UIM) coverage pursuant to a policy issued by the insurer and sold
to her by an insurance agency. Following her claim for
coverage, the insured and her husband sued the insurer for
statutory bad faith and both the insurer and insurance agency for