Newfoundland American Insurance Company, Ltd., a Corporation v. Howard Suesz, D/B/A Hagen Brothers Circus

BREITENSTEIN, Circuit Judge.

Appellee Suesz, the operator of a circus, sued appellant-defendant insurance company in a declaratory judgment action to determine the responsibility of the insurer under a public liability policy for injuries received by a minor child when clawed by a lioness while the circus was in winter quarters. The court below held the insurer liable. It is here urged that there was no jurisdiction because of lack of diversity and that the policy does not cover the accident.

The insured, an Oklahoma citizen, brought suit against the insurer, a Canadian corporation, in the…