Betty Jean Kirschner Wolters v. Prudential Insurance Company of America, a Corporation

-r RIDGE, Circuit Judge.

Three hours after alleged insured in this case made partial application to defendant, on behalf of himself, his wife and children, for insurance on a family life plan, he was killed in an automobile accident. Plaintiff, as a co-insured and sole beneficiary named in such application for insurance, commenced this action in a court of the State of Missouri to recover from defendant a principal sum of $69,800.00, with interest, and statutory penalty and attorney’s fees for defendant’s alleged “wilful and vexatious refusal to pay” that sum to her. Removal of that action to…