SINDERSINE v. ALLSTATE INSURANCE COMPANY

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
LYNN SINDERSINE, 	:
:
Plaintiff, 	:
:
v. 	:
: 	CASE NO.: 	1:26-CV-00142-WLS
ALLSTATE INSURANCE COMPANY, 	:
:
Defendant. 	:
:
ORDER
On September 21, 2026, Defendant Allstate Insurance Company removed this case
from the Superior Court of Dougherty County. (Doc. 1.) Allstate asserted that the Court has
diversity jurisdiction over this matter under 28 U.S.C. § 1332. (Doc. 1 ¶ 10.)
In the complaint, Plaintiff Lynn Sindersine asserts claims for breach of contract and a
bad faith refusal to pay for a covered loss. (Doc. 1-2 ¶¶ 18–30.) Before filing her lawsuit,
Sindersine sent Allstate a $31,250.25 demand for coverage. (Doc. 1-6 at 2.) If Sindersine
prevails on her breach of contract and bad faith claims, a jury could impose a penalty of up to
fifty percent of the damages owed under the policy, or $15,625.13. See GA . C ODE ANN. § 33-
4-6. The total compensatory and punitive damages Sindersine seeks is therefore $46,875.38.
Sindersine also seeks “reasonable attorney’s fees and litigation expenses.” (Doc. 1-2 ¶ 31.) In
its notice of removal, Allstate claimed that when attorney’s fees are added to the compensatory
and punitive damages total, the amount in controversy exceeds $75,000. (Doc. 1 ¶ 12.)
The Court, however, concluded that if Allstate were to rely on a calculation of
attorneys’ fees to make up the shortfall between the alleged damages and the jurisdictional
minimum, it would have to show that, at the time of removal, Sindersine plausibly incurred more
than $28,124.62 in fees. (Doc. 5 at 2); see also Torreyes v. Godiva Chocolatier, Inc., 424 F. Supp. 3d
1276, 1282 (S.D. Fla. 2019) (“Only fees incurred at the time of removal should be included in the
amount-in-controversy computation.”). The Court thus ordered Allstate to show cause why
this action should not be remanded to the Superior Court for lack of federal subject matter
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jurisdiction. (Id. at 3.) The Court also gave Allstate the opportunity to comply with its order
by amending the notice of removal to plausibly allege that the amount in controversy exceeds
$75,000, exclusive of interests and costs. (Id. at 3.)
On October 12, 2026, Allstate filed its response to the Court’s order. (Doc. 8.) In the
response, Allstate concedes that it cannot show that Sindersine incurred more than $28,124.62
in attorney’s fees at the time of removal. (Id.) Allstate is thus unable to show that this case
meets the amount-in-controversy requirement of 28 U.S.C. § 1332(a). This case is therefore
REMANDED to the Superior Court of Dougherty County for lack of subject matter
jurisdiction.
SO ORDERED, this 15th day of October, 2026.
/s/ W. Louis Sands
W. LOUIS SANDS, SR. JUDGE
UNITED STATES DISTRICT COURT
Case 1:26-cv-00142-WLS Document 9 Filed 10/15/26 Page 2 of 2