Insight

Ninth Circuit Holds Removal Deadline Runs from Receipt of Complaint by Insurer Rather Than Insurer’s “Statutorily Designated” Agent

Ninth Circuit Holds Removal Deadline Runs from Receipt of Complaint by Insurer Rather Than Insurer’s “Statutorily Designated” Agent

Nathan D. Meyer

Nathan D. Meyer

September 12, 2022 10:26 PM

The Holding

In Anderson v. State Farm Mutual Automobile Insurance Co., 917 F.3d 1126 (9th Cir. 2019) (Wash.), the Ninth Circuit Court of Appeals held that the thirty-day removal deadline under 28 U.S.C. § 1446(b)(1) does not commence upon service of a complaint on an insurer’s “statutorily designated agent”; rather, it commences when an insurer receives a complaint.

The Takeaway

In Arizona, if a plaintiff serves an insurer through the Arizona Department of Insurance, then an insurer has thirty days from the date it receives a complaint from the ADOI to remove to federal court.

The Facts

The Ninth Circuit provided few facts. Instead, Anderson simply stated the appeal arose from Plaintiffs’ single-car accident in 1998. Similar to Arizona law, Washington law designates the Washington Insurance Commissioner as insurers’ statutory agent and Washington plaintiffs “must” serve foreign insurers via the Commissioner. See A.R.S. § 20-221. Plaintiffs served the Insurer via the Commissioner on February 9, 2015, the Insurer received the Complaint on February 13, and the Insurer filed a Notice of Removal on March 16. Plaintiffs asserted the removal was untimely, but the Washington District Court denied Plaintiffs’ Motion to Remand.

The Rationale

The Ninth Circuit held that the thirty-day removal deadline commenced upon receipt of the Complaint by the Insurer rather than the Insurer’s statutorily designated agent for four primary reasons:

  • First, the text of 28 U.S.C. 1446(b)(1) (the “Removal Statute”) does not advance the analysis very far, but does indicate that the “actual defendant” must receive the complaint. The Removal Statute states a notice of removal must be filed “within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading.” (emphasis added).
  • Second, an “agent designated by the state legislature to receive service fundamentally differs from a defendant’s agent-in-fact, because the defendant has no meaningful say in or control over the former.”
  • Third, the legislative history of the Removal Statute “clearly demonstrates” “the key point was to peg the time calculation to receipt by the defendant” and “Congress’ intent to avoid disparate application of the removal statute due to differences in state law.” “If delivery to a statutorily designated agent began the removal clock, the effective time a defendant had to remove would depend not only on differences in state law, but also on the efficiency of state agencies in each instance.” This “cannot be reconciled with Congress’ unambiguous intent to provide each defendant with a fixed and adequate amount of time, after obtaining access to [receipt of] the complaint, to decide whether to remove.”
  • Fourth, a “bedrock principle”—“an individual or entity named as a defendant is not obliged to engage in litigation unless notified of the action, and brought under a court’s authority, by formal process”—“confirms that serving the Commissioner did not provide the necessary notice to [the Insurer] of the suit—that occurred only when [the Insurer’s] designated recipient received the complaint.”

This and other posts can be found at our blawg: Arizona Bad Faith Blawg

Related Articles

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

"Lawyer of the Year"


Black and white headshot photo of woman lawyer

Jennifer Arnett

Insurance Law

Boulder, CO

2024

3 Factors a Florida Homeowner Should Consider Before Taking an Insurance Company to Court


by Best Lawyers

Insurance cases in Florida can be complex. Issues related to insurance regulations have created an especially combative environment.

Living room in a house flooded with water

The Role of Title Insurance in Real Estate Transactions


by Best Lawyers

Title insurance can provide benefits, protection and peace of mind in a real estate transaction, which can often be complex. Best Lawyers take a closer look.

Individual signing a document with house keys in background

Don’t Let Insurance Companies Take Advantage of You


by Christopher J. Marzzacco

Find out how you can avoid being taken advantage of by insurance companies. Learn the tactics they use to underpay injured victims and what you can do to fight back.

close up of a woman in an arm sling signing a paper

Navigating Uncharted Terrain


by Richard Wood

The challenges before the Australian insurance industry.

Australian attorneys in a corporate insurance building

Insuring the Future


by Best Lawyers

Thomas Heitzer discusses how new technology advancements are impacting the insurance realm.

Attorney Thomas Heitzer speaks on Noerr LLP's, 2020 “Law Firm of the Year” recognition

Uninsured Flying Objects


by Marialuisa S. Gallozzi, Laura Beth Cohen and Claire O'Rourke

As drones and other “unmanned aerial vehicles” increasingly crowd the skies, the law—and insurance policies—will have to figure out how best to bring them back safely to terra firma.

Drone flying in the blue blurred sky

Why You Should Never Admit Fault After a Car Accident in Philadelphia


by Ryan Zavodnick

Admitting fault in Philadelphia can undermine your insurance claim and limit your ability to recover damages.

Two drivers exchanging phone numbers after a car accident

Bentley & More LLP: Advocates for the Injured


by Best Lawyers

From a small team to a powerhouse in personal injury, product liability and workers’ compensation law.

Photo of Greg Bentley and Keith More together at "The Side Bar" restaurant

Uber Negligence


by Daniel Katz

Who is responsible for gig economy car accidents?

Man in a car driving at night with traffic and cars illuminating taillights

On the Cutting Edge After a Century in Business


by Best Lawyers

Manuel Carvallo of Estudio Carvallo Abogados discusses his firm's 130-year-old history, adapting to the latest technologies, and its 2019 "Law Firm of the Year" award for Insurance Law in Chile.

A purple shield symbolizing a century in business with a purple background

Fighting Goliath—And Winning


by Johanna Marmon

Lytal, Reiter, Smith, Ivey & Fronrath holds corporate America’s and the insurance industry’s feet to the fire in its quest for justice and consumer safety.

Lytal, Reiter, Smith, Ivey & Fronrath smile for a group

Six Things to Know When Injured at Work


by Nicholas Pothitakis

Work injuries result in many questions and concerns by employees who may be facing the situation for the first time

Man with blue long sleeves holds his cast with classroom in the background

Insurance Coverage to Protect the Health Care Industry from the Increasing Risks Associated with the Internet of Things


by Meghan Magruder and Amy Dehnel

While this connectivity can provide great benefits to patients and physicians, the security issues inherent in these devices are critical.

Rendered pixelated man with iPad showing heart with pulse and data with a purple and green tech back

South African “Law Firm of the Year”: Norton Rose Fulbright


by Best Lawyers

A Q&A with Maria Philippides and Craig Woolley of South Africa “Law Firm of the Year” Norton Rose Fulbright.

Maria Philippides and Craig Woolley from the Law Firm of the Year, Norton Rose Fulbright

Trending Articles

The Family Law Loophole That Lets Sex Offenders Parent Kids


by Bryan Driscoll

Is the state's surrogacy framework putting children at risk?

family law surrogacy adoption headline

Algorithmic Exclusion


by Bryan Driscoll

The Workday lawsuit and the future of AI in hiring.

Workday Lawsuit and the Future of AI in Hiring headline

Best Lawyers 2026: Discover the Honorees in Brazil, Mexico, Portugal, South Africa and Spain


by Jamilla Tabbara

A growing international network of recognized legal professionals.

Map highlighting the 2026 Best Lawyers honorees across Brazil, Mexico, Portugal, South Africa and Sp

Unenforceable HOA Rules: What Homeowners Can Do About Illegal HOA Actions


by Bryan Driscoll

Not every HOA rule is legal. Learn how to recognize and fight unenforceable HOA rules that overstep the law.

Wooden model houses connected together representing homeowners associations

Holiday Pay Explained: Federal Rules and Employer Policies


by Bryan Driscoll

Understand how paid holidays work, when employers must follow their policies and when legal guidance may be necessary.

Stack of money wrapped in a festive bow, symbolizing holiday pay

Reddit’s Lawsuit Could Change How Much AI Knows About You


by Justin Smulison

Big AI is battling for its future—your data’s at stake.

Reddit Anthropic Lawsuit headline

Florida Rewrites the Rules on Housing


by Laurie Villanueva

Whether locals like it or not.

Florida Rewrites the Rules on Housing headline

US Tariff Uncertainty Throws Canada Into Legal Purgatory


by Bryan Driscoll

The message is clear: There is no returning to pre-2025 normalcy.

US Tariff Uncertainty Throws Canada Into Legal Purgatory headline

Can a Green Card Be Revoked?


by Bryan Driscoll

Revocation requires a legal basis, notice and the chance to respond before status can be taken away.

Close-up of a U.S. Permanent Resident Card showing the text 'PERMANENT RESIDENT'

UnitedHealth's Twin Legal Storms


by Bryan Driscoll

ERISA failures and shareholder fallout in the wake of a CEO’s death.

United healthcare legal storm ceo murder headline

The 2026 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

The region’s most highly regarded lawyers.

Map highlighting Chile, Colombia and Puerto Rico for the 2026 Best Lawyers Awards

New Texas Family Laws Transform Navigating Divorce, Custody


by Bryan Driscoll

Reforms are sweeping, philosophically distinct and designed to change the way families operate.

definition of family headline

What Is the Difference Between a Will and a Living Trust?


by Bryan Driscoll

A practical guide to wills, living trusts and how to choose the right plan for your estate.

Organized folders labeled “Wills” and “Trusts” representing estate planning documents

Why Skechers' $9.4B Private Equity Buyout Sparked Investor Revolt


by Laurie Villanueva

Shareholder anger, a lack of transparency and a 'surprising' valuation.

Skechers shareholder lawsuit headline

How Far Back Can the IRS Audit You?


by Bryan Driscoll

Clear answers on IRS statutes of limitations, recordkeeping and what to do if you are under review.

Gloved hand holding a spread of one-hundred-dollar bills near an IRS tax document

Uber’s Staged Accidents Lawsuit a Signal Flare for Future of Fraud Litigation


by Bryan Driscoll

Civil RICO is no longer niche, and corporate defendants are no longer content to play defense.

Uber staged car crash headline