Whitford v. BOSTON INSURANCE COMPANY, Civ. No. 3938.
| Decision Date | 07 April 1958 |
| Docket Number | Civ. No. 3938. |
| Citation | 163 F. Supp. 819 |
| Parties | Ethel Lee WHITFORD, Plaintiff, v. BOSTON INSURANCE COMPANY, a corporation, Great American Insurance Company, a corporation, Standard Fire Insurance Company of New Jersey, a corporation, and The Home Insurance Company, a corporation, Defendants. |
| Court | U.S. District Court — Eastern District of Illinois |
Goldenhersh & Goldenhersh, East St. Louis, Ill., for plaintiff.
Oehmke, Dunham & Boman, East St. Louis, Ill., for defendants.
This case was instituted by the plaintiff in the Circuit Court of St. Clair County, Illinois, to recover from the four named defendants on several insurance policies issued by the respective defendants to the plaintiff and William L. Whitford for alleged fire damage to property mentioned in the policies.
The defendants removed the cause to this court alleging diversity of citizenship as a grounds for removal.
The plaintiff filed her motion to remand the cause to the Circuit Court of St. Clair County, Illinois, alleging that the requisite jurisdictional amount necessary to give this court jurisdiction in a diversity case is not present.
The complaint contains four counts. In Count I the plaintiff alleges that the defendant Great American Insurance Company New York issued a policy in the amount of $5,000 to the plaintiff and William L. Whitford covering their improvements on certain named premises; that this defendant also issued a policy in the amount of $1,000, to the plaintiff and William L. Whitford, covering office fixtures and supplies located at the same address; that the insured premises were destroyed by fire; that the plaintiff has an undivided one-half interest in the premises and the above mentioned office fixtures and supplies; that the plaintiff prays judgment against the defendant named in this count in the amount of $3,000 plus court costs.
In Count II the plaintiff asks judgment against the defendant Home Insurance Company in the amount of $2,500. This count is based on two fire insurance policies issued by the defendant named in this count covering improvements on premises located at 1716 Missouri Avenue, East St. Louis, Illinois, in the amount of $3,000 and a fire policy in the amount of $2,000 covering the household contents located at the same address which were allegedly destroyed by fire and to which plaintiff claims an undivided one-half interest.
In Count III the plaintiff alleges damages in the amount of $2,500 against the defendant Standard Fire Insurance Company of New Jersey. As a basis for this claim the plaintiff alleges that the defendant named in this count issued a fire insurance policy in the amount of $5,000 to the plaintiff and William L. Whitford covering improvements on premises located at 1716 Missouri Avenue, East St. Louis, Illinois; that the insured premises were destroyed by fire and that the plaintiff has an undivided one-half interest in said premises.
In Count IV the plaintiff prays damages in the...
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