Legal Opinion
Hamilton v. Hartford Accident & Indemnity Co.
District Court, E.D. Pennsylvania
Decided January 20, 1977No. Civ.A. 76-2938PublishedCited by 7 opinions
1Opinion of the Court
MEMORANDUM
GORBEY, District Judge.
Jurisdiction in this case is based upon diversity of citizenship and the allegation that the amount in controversy is in excess of $10,000.
Defendant has filed a motion to dismiss under Rule 12(b)(1) claiming that plaintiff's own allegations in the complaint show that the amount in controversy is only $7,800.
In his first allegation, plaintiff alleges that defendant agreed to pay plaintiff the sum of $50 per week for a period not exceeding 260 weeks for each period of disability, in the event plaintiff became totally disabled. In the fourth allegation, plaintiff…
2Cases cited6 opinions
- McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- H. Keith Zahn v. International Paper CompanyCourt of Appeals for the Second Circuit · 1972
- Anne Arnold and Edward E. Arnold v. Tex Troccoli, Also Known as "Tex Barton,"Court of Appeals for the Second Circuit · 1965
- Fritz v. Warner-Lambert Pharmaceutical CompanyDistrict Court, E.D. New York · 1972
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Rose v. Granite City Police DepartmentDistrict Court, E.D. Pennsylvania · 1993
- Melkus v. Allstate InsuranceDistrict Court, E.D. Michigan · 1980
- Ardrey v. Federal Kemper InsuranceDistrict Court, E.D. Pennsylvania · 1992
- Christensen v. Northwest Airlines, Inc.District Court, D. Hawaii · 1978
- Berkebile v. Nationwide Insurance, Pennsylvania Court of Common Pleas, Somerset County1977
2 more not listed; retrieve them via the Exa API.