Klabacka v. Midwestern Mutual Automobile Insurance

STONE, District Judge.

This is a direct action by a resident of Wisconsin, who was injured in an automobile collision, against a non-resident insurer, Midwestern Mutual Automobile Insurance Company, whose home office is in Kansas City, Missouri. The insured, Brown Taxicab Company, has its place of business at Fort Atkinson, Wisconsin, where the auto collision occurred and resultant damages were sustained. The insurance policy involved herein was negotiated and issued in the state of Kansas, and contained the “no-action clause”.

Defendant has moved for a dismissal of the complaint for the reason…