Stubbins v. Nationwide Agribusiness Ins. Co., No. 3:01CV7594.

CourtU.S. District Court — Northern District of Ohio
Writing for the CourtCarr
Citation181 F.Supp.2d 805
Docket NumberNo. 3:01CV7594.
Decision Date03 January 2002
PartiesLee W. STUBBINS, et al., Plaintiffs, v. NATIONWIDE AGRIBUSINESS INS. CO., Defendant.
181 F.Supp.2d 805
Lee W. STUBBINS, et al., Plaintiffs,
v.
NATIONWIDE AGRIBUSINESS INS. CO., Defendant.
No. 3:01CV7594.
United States District Court, N.D. Ohio, Western Division.
January 3, 2002.

Jan H. Stamm, Barber, Kaper, Stamm & Robinson, Wauseon, OH, for Lee W. Stubbins, Kellie Stubbins, Plaintiffs.

Scott A. Haselman, Robinson, Surphey & O'Connell, Toledo, OH, for Nationwide Agribusiness Insurance Company, Defendant.

Page 806

ORDER

CARR, District Judge.


This is a declaratory judgment action in which the plaintiff, who was injured in an automobile accident, has sued his employer's insurance carrier, seeking uninsured/underinsured motorists (UM/UIM) coverage. The carrier, which is neither incorporated in nor has its principal place of business in Ohio, removed the suit from the Fulton County, Ohio, Court of Common Pleas, where it had been initiated, to this court.

Pending is plaintiff's motion for remand. For the reasons that follow, the motion for remand shall be granted.

Plaintiff bases his remand motion on 28 U.S.C. § 1332(c)(1), which provides:

a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business, except that in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the State where it has its principal place of business.

(Emphasis supplied).

The insured (the Board of Education for the Toledo City School District) has not been joined in this case, so the first prerequisite mandated by § 1332(c)(1) has been met. The parties disagree about the other two requirements: namely, whether plaintiff's suit against his employer's insurance company is a "direct action," and, even if so, whether the policy on which plaintiff's claim is based is a "policy or contract of liability insurance."

If these requirements are met, § 1332(c)(1) requires remand to the state court, because the defendant insurance company then will be deemed, by operation of that provision, to be a citizen of Ohio. Because the plaintiff is also a citizen of Ohio, there will be no diversity of citizenship, and thus, no jurisdiction in this court.1

With regard to the issue of whether a claim such as that being raised here constitutes direct action, I agree with Judge O'Malley's discussion and conclusion in Comella v. St. Paul Mercury Insurance Co., 177 F.Supp.2d 704, 707-08 (N.D.Ohio 2001), in which she stated:

The Sixth Circuit, examining the statute's language, held that "Congress, when it used the terms `direct action' and...

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7 practice notes
  • Dolly v. Old Republic Ins. Co., No. 5:00CV1685.
    • United States
    • U.S. District Court — Northern District of Ohio
    • May 8, 2002
    ...(N.D.Ohio 2001) (O'Malley, J.), appeal dismissed 2002 WL 467940, 33 Fed.Appx. 737 (6th Cir.2002); Stubbins v. Nationwide Agribusiness, 181 F.Supp.2d 805 (N.D.Ohio 2002) (Carr, J.); Griffin v. Wausau Ins. Co., — F.Supp.2d —, 2002 WL 312819, No. 3:01 CV 7611 (N.D.Ohio Feb. 15, 2002) (Katz, J.......
  • Peterson v. Tig Specialty Ins. Co., No. C-2-02-311.
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • July 26, 2002
    ...adopted the reasoning of Kormanik and Comella in remanding Scott-Pontzer actions. See Stubbins v. Nationwide Agribusiness Ins. Co., 181 F.Supp.2d 805 (N.D.Ohio 2002) (Karr, J.); Griffin v. Wausau Ins. Cos., 189 F.Supp.2d 714 (N.D.Ohio 2002) (Katz, J.); Butler v. Zurich Am. Ins. Co., 184 F.S......
  • Estate of Taylor v. St. Paul Fire and Marine Inc., No. 1-00-02397-AA.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio
    • September 19, 2002
    ...is lacking. Butler v. Zurich Am. Ins. Co., 184 F.Supp.2d 695 (N.D.Ohio 2002) (Katz, J.); Stubbins v. Nationwide Agribusiness Ins. Co., 181 F.Supp.2d 805 (N.D.Ohio 2002) (Carr, J.); Cornelia v. St. Paul Mercury Ins. Co., 177 F.Supp.2d 704 (N.D.Ohio 2001) (O'Malley, J.); Reese v. Fid. & G......
  • Griffin v. Wausau Ins. Companies, No. 3:01CV7611.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio
    • February 15, 2002
    ...cases. See Butler v. Zurich American Ins. Co., 184 F.Supp.2d 695 (N.D.Ohio 2002) (Katz, J.); Stubbins v. Nationwide Agribusiness, 181 F.Supp.2d 805 (N.D.Ohio 2002) (Carr, J.) (collecting cases); Comella v. St. Paul Mercury Ins. Co., 177 F.Supp.2d 704, (N.D.Ohio 2001) (O'Malley, J.); Kohus v......
  • Request a trial to view additional results
7 cases
  • Dolly v. Old Republic Ins. Co., No. 5:00CV1685.
    • United States
    • U.S. District Court — Northern District of Ohio
    • May 8, 2002
    ...(N.D.Ohio 2001) (O'Malley, J.), appeal dismissed 2002 WL 467940, 33 Fed.Appx. 737 (6th Cir.2002); Stubbins v. Nationwide Agribusiness, 181 F.Supp.2d 805 (N.D.Ohio 2002) (Carr, J.); Griffin v. Wausau Ins. Co., — F.Supp.2d —, 2002 WL 312819, No. 3:01 CV 7611 (N.D.Ohio Feb. 15, 2002) (Katz, J.......
  • Peterson v. Tig Specialty Ins. Co., No. C-2-02-311.
    • United States
    • United States District Courts. 6th Circuit. United States District Courts. 6th Circuit. Southern District of Ohio
    • July 26, 2002
    ...adopted the reasoning of Kormanik and Comella in remanding Scott-Pontzer actions. See Stubbins v. Nationwide Agribusiness Ins. Co., 181 F.Supp.2d 805 (N.D.Ohio 2002) (Karr, J.); Griffin v. Wausau Ins. Cos., 189 F.Supp.2d 714 (N.D.Ohio 2002) (Katz, J.); Butler v. Zurich Am. Ins. Co., 184 F.S......
  • Estate of Taylor v. St. Paul Fire and Marine Inc., No. 1-00-02397-AA.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio
    • September 19, 2002
    ...is lacking. Butler v. Zurich Am. Ins. Co., 184 F.Supp.2d 695 (N.D.Ohio 2002) (Katz, J.); Stubbins v. Nationwide Agribusiness Ins. Co., 181 F.Supp.2d 805 (N.D.Ohio 2002) (Carr, J.); Cornelia v. St. Paul Mercury Ins. Co., 177 F.Supp.2d 704 (N.D.Ohio 2001) (O'Malley, J.); Reese v. Fid. & G......
  • Griffin v. Wausau Ins. Companies, No. 3:01CV7611.
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Northern District of Ohio
    • February 15, 2002
    ...cases. See Butler v. Zurich American Ins. Co., 184 F.Supp.2d 695 (N.D.Ohio 2002) (Katz, J.); Stubbins v. Nationwide Agribusiness, 181 F.Supp.2d 805 (N.D.Ohio 2002) (Carr, J.) (collecting cases); Comella v. St. Paul Mercury Ins. Co., 177 F.Supp.2d 704, (N.D.Ohio 2001) (O'Malley, J.); Kohus v......
  • Request a trial to view additional results

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