Morgan v. Liberty Mutual Insurance

HEMPHILL, District Judge.

Defendant, by motion, challenges the jurisdiction of this court alleging failure of jurisdictional minimum.1 Of necessity the pleadings must be explored. Again we find the usual where an insurer seeks to have the federal trial court determine the law of responsibility or coverage undér its policy, hoping to avoid the effects of possible adverse judgment in *711the state court.2 The issue of coverage is not before this court at this sitting, and there is the pending state court action as admitted by all parties.

Plaintiffs allege that Sarah Morgan, in July 1965, bought a…