Hay v. Gilbert

RULING and ORDER

DAWKINS, Senior District Judge.

While procedurally complex, the matter before us ultimately turns on the question of whether, for purposes of the removal statutes, 1 a plaintiff’s claim against an uninsured (underinsured) motorist insurer is “separate and independent” 2 from claims against the alleged tortfeasors and their insurer. After resolving the procedural issues, we hold that such a claim is not separate and independent and remand the proceeding to the appropriate State Court.

On March 10,1978, plaintiff filed an original complaint in this Court against D. G. Gilbert,…