Travelers' Ins. v. Rabinowitz

CHESNUT, District Judge.

In tins case there is a motion to dismiss the bill of complaint in equity on the ground of lack of federal jurisdiction. The plaintiff’s bill seeks the cancellation of an ordinary life insurance policy because, as alleged, it was procured by material misrepresentations. The policy contains a two year incontestable clause. The face amount of the policy is exactly $3,000; and the point is made that the amount in controversy is therefore less than the jurisdictional amount required by the statute in cases of diverse citizenship, as here involved. The language of the…