Legal Opinion
Prudential Insurance v. Thomason
District Court, D. Utah
Decided October 14, 1994No. Civ. 93-C-1147BPublishedCited by 1 opinion
1Opinion of the Court
ORDER DENYING MOTION TO DISMISS
BENSON, District Judge.
Introduction
Plaintiff in this action, The Prudential Insurance Company, has filed suit against defendant Allen F. Thomason to rescind defendant’s disability insurance contract from the date of the contract’s inception. Plaintiff invokes the jurisdiction of the court pursuant to both diversity and federal question jurisdiction, alleging that the amount in controversy is greater than $50,000 and that the insurance policy in' issue is an ERISA plan.
Defendant has moved to dismiss the case for lack of subject matter jurisdiction, arguing 1) the…
2Cases cited16 opinions
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Massachusetts Mutual Life Insurance v. RussellSupreme Court of the United States · 1985
11 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Smith v. Prudential Insurance Company of AmericaDistrict Court, D. Rhode Island · 2023