Massachusetts Casualty Insurance Company v. Glen A. Harmon

MERRITT, Chief Judge.

The sole issue on this appeal is whether, in a suit to rescind a disability insurance contract, the face value of the contract should be considered in determining whether a complaint avers the jurisdictional amount required to sustain diversity jurisdiction under 28 U.S.C. § 1332. Following the unanimous federal rule, we hold that the face value of the contract should be considered, and we accordingly reverse the district court’s order dismissing the complaint for lack of subject matter jurisdiction.

Plaintiff/Appellant Massachusetts Casualty Insurance Company in January…