Anthony v. United Insurance Company of America, Civ. A. No. AC-1626.
| Decision Date | 02 April 1965 |
| Docket Number | Civ. A. No. AC-1626. |
| Citation | 240 F. Supp. 95 |
| Parties | Melvin ANTHONY, Administrator of the Estate of Hattie Mae Anthony, Plaintiff, v. UNITED INSURANCE COMPANY OF AMERICA, Defendant. |
| Court | U.S. District Court — District of South Carolina |
Garvin, Williamson & Grant, Aiken, S. C., for plaintiff.
Henderson, Salley, Cushman & Summerall, Aiken, S. C., for defendant.
This is an action, which was brought originally by plaintiff against defendant in the Court of Common Pleas for Aiken County, South Carolina, by the service of the summons and complaint upon the Chief Insurance Commissioner of South Carolina, as agent for the defendant, on or about December 29, 1964, wherein plaintiff demands judgment against defendant in the sum of $50,000.00, actual and punitive damages.
Thereafter, on or about January 18, 1965, defendant, acting under the provisions of Title 28 U.S.C. § 1332, removed said cause from said Court to this court by the filing of a proper cost bond and its petition for a removal, wherein it alleges that said action is a controversy wholly between citizens and residents of different states, since plaintiff is a resident of, and appointed as administrator in, the State of South Carolina, and that the defendant is a corporation of a state other than South Carolina, and that the matter in controversy, exclusive of interest and costs, exceeds the jurisdictional amount of $10,000.00.
On or about January 18, 1965, defendant filed its answer and counterclaim, and made a formal demand in accordance with the Federal Rules of Civil Procedure for a jury trial.
This case was set for trial during the two-week term of this court commencing March 22, 1965. At a pretrial conference, the pleadings and issues were considered and discussed.
The complaint alleges that, on or about the 29th day of December, 1962, an agent of defendant approached plaintiff's intestate about buying life insurance; that the agent assured the deceased that she was eligible for life coverage under a policy of his company even though she had high blood pressure and would not be eligible for hospital and accident insurance; that these representations were made to the deceased by defendant's agent falsely and fraudulently, with intent to defraud the deceased, which said representations were known by the said agent to be false at the time they were made. That the deceased relied on said false and fraudulent representations and was thereby induced to purchase the policy of life insurance which the defendant issued upon the life of the deceased on January 21, 1963, for the sum...
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...289, 58 S.Ct. 586, 82 L.Ed. 845 (1938); F. & S. Construction Co., v. Jenson, 337 F.2d 160 (10th Cir. 1964). 12 Anthony v. United Ins. Co. of America, 240 F.Supp. 95 (E.D.S.C.1965). 13 Fed.R.Civ.Proc. ...
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Alexander v. BW ACCEPTANCE CORPORATION, Civ. A. No. 16854-3.
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