Annie Wiggins v. North American Equitable Life Assurance Company

WINTER, Circuit Judge:

This suit on an insurance policy in the face amount of $8000 was instituted in a state court but removed to the district court by the insurer on the ground of diversity of citizenship with the requisite amount in controversy. The district court granted defendant’s motion to strike the prayer for punitive damages but then denied plaintiff’s motion to remand the case to state court. After trying the merits, non-jury, the district court awarded judgment to the insurer except for the return of premiums. Plaintiff appeals. We reverse and remand the case with instructions to…