Miller v. Allstate Insurance Company

WILLSON, District Judge.

In this civil action diversity jurisdiction of the Court is invoked by plaintiffs. Defendant has filed a motion to dismiss under Rule 12(b) of the Rules of Civil Procedure.

It is noticed that plaintiffs in their complaint allege that defendant issued to William N. Miller, now deceased, what defendant calls an “Allstate Crusader Policy.” Section II is titled — “PROTECTION AGAINST BODILY INJURY BY UNINSURED AUTOMOBILES.” — It is under this provision that the suit is brought as plaintiffs allege that on or about August 22, 1963, while the policy was in force decedent…