Jerome Fortson v. St. Paul Fire and Marine Insurance Company

RONEY, Circuit Judge:

Jerome Fortson appeals from the district court’s order dismissing his state law claim against St. Paul Fire & Marine Insurance Co. (“St. Paul”) for lack of diversity of citizenship between the parties. Under federal law, in a direct action against an insurance company asserting a claim against the insured for which the company is liable, the citizenship of the insured is imputed to his insurer for diversity jurisdiction purposes. 28 U.S.C.A. § 1332(c). Fortson claims this provision is not applicable to Fla.Stat.Ann. § 624.155, which provides that a person may bring an…