Euzzino v. London & Edinburgh Insurance Company

• Decision Date: 31 March 1964
• Docket Number: No. 64 C 231.,64 C 231.
• Parties: Andrew A. EUZZINO, Plaintiff, v. The LONDON & EDINBURGH INSURANCE COMPANY Limited, Defendant.
• Court: U.S. District Court — Northern District of Illinois

228 F. Supp. 431

Andrew A. EUZZINO, Plaintiff, v. The LONDON & EDINBURGH INSURANCE COMPANY Limited, Defendant.

No. 64 C 231.

United States District Court N. D. Illinois, E. D.

March 31, 1964.

Richard J. Brennan, Winston, Strawn, Smith & Patterson, Chicago, Ill., for plaintiff.

Paul H. Heineke, William H. Schrader and J. William Cuncannan, Heineke, Conklin & Schrader, Chicago, Ill., for defendant.

WILL, District Judge.

Plaintiff Andrew A. Euzzino, an Illinois citizen, has moved to remand this action to the Circuit Court of Cook County. The cause was originally brought in that court in January, 1954. Defendant, The London & Edinburgh Insurance Company Limited, a British corporation, which has its principal place of business in Great Britain and which is authorized to sell insurance in Illinois, removed the action to this Court. The amount in controversy exceeds $10,000 exclusive of interest and costs.

In his complaint, plaintiff alleges that he is the insured under a policy issued by defendant which policy covered, inter alia, theft of certain property, that $39,575.00 of such insured property was stolen in January, 1963, that he complied with all provisions of the policy as to presenting claims and furnishing due proof of loss, but that defendant refuses to reimburse him for the loss.

As the basis for his motion to remand, plaintiff contends that the policy obligates defendant to submit itself to the jurisdiction of any court of competent jurisdiction, state or federal, which plaintiff selects and to have the controversy determined in accordance with the law and practice of that court. The applicable policy provisions are as follows:

"It is agreed that in the event of the failure of the Company to pay any amount claimed to be due hereunder, the Company, at the request of the Assured, will submit to the jurisdiction of any court of competent jurisdiction within the United States and will comply with all requirements necessary to give such Court jurisdiction and all matters arising hereunder shall be determined in accordance with the law and practice of such court.

"It is further agreed that * * * in any suit instituted against it upon this contract, the Company will abide by the final decision of such Court or of any Appellate Court in the event of an appeal."

Defendant concedes that the Circuit Court of Cook County is a court of competent jurisdiction but contends that, properly interpreted, the foregoing language does not constitute a waiver by it of any rights of removal it might otherwise have and, further, that if the provision is construed to be such a waiver, it is invalid.

While the provisions of the policy are not entirely free from doubt, giving effect to all of the language utilized, it seems clear that the defendant-insurer agreed to litigate disputes under the policy in any court of competent jurisdiction selected by the plaintiff-assured. If the insurer, which drafted the policy, had intended merely to agree to litigate disputes under the policy in any appropriate United States forum, the policy need simply have read, "* * * the Company will submit to the jurisdiction of any court of competent jurisdiction in the United States * * *."

The insurer, however, chose to add the words "at the request of the Assured" and references to (1) complying "with all requirements necessary to give such Court jurisdiction", (2) having all matters "determined in accordance with the law and practice of such court", and (3) agreeing to "abide by the final decision of such Court". The "such court" in each instance is the court of competent jurisdiction selected by the Assured. Unless all of...