Britt v. Fidelity & Casualty Co.

NEESE, District Judge.

This action was removed from a state court of equity, 28 U.S.C. §§ 1332 and 1441, and tried by the Court without a jury on August 18, 1964. The requisite facts of citizenship and the jurisdictional amount are present.

The plaintiff Mr. Britt hauls materials for construction contractors.1 His wife, Mrs. Yuki Britt, handled his truck insurance matters through the Frank Parsley general insurance agency in Erwin, Tennessee, where Mrs. Britt resided during an earlier marriage.2 However, the Parsley agency first insured one of Mr. Britt’s trucks effective April 1,1958.

Until the…