Verschell v. Fireman's Fund Insurance Co.

WYATT, District Judge.

This is a motion by plaintiff to remand the action to the New York Supreme Court, from whence it was removed by defendant Fireman’s Fund Insurance Company (“Fund”).

The remand is sought on the ground that the case “was removed improvidently and without jurisdiction”. 28 U.S.C. § 1447(c).

The papers show the following state of affairs.

Sawka, apparently a citizen of New York, was the owner of a building in West Islip on Long Island. The building was mortgaged to defendant Security National Bank of Long Island (the “Bank”).

Sawka obtained an insurance policy from Fund insuring…