Wilson v. Continental Casualty Company

OPINION AND ORDER

RUSSELL E. SMITH, District Judge. This action to recover on an insurance policy was commenced in the District Court of Cascade County. Defendant removed it to this court. Plaintiff moved to remand. The elements of federal jurisdiction are present and the case is properly here unless defendant contracted away its right to remove.

The policy reads in part:

* * * The Company agrees * * * that upon request of the Insured or of the Insured’s counsel it will voluntarily appear and submit itself to the jurisdiction of any court of the State of the Insured’s residence having…