Short v. Grange Mutual Casualty Company

CHRISTIE, District Judge.

This civil action, commenced by the plaintiffs in the Circuit Court of McDowell County, West Virginia, was removed to this court upon the petition of the defendant because of diversity of citizenship and requisite jurisdictional amount in controversy. Following the removal, defendant filed an answer to the complaint wherein it asserted a general denial and an affirmative defense. The defendant grounds its affirmative defense (failure to utilize the arbitration procedure provided for in its policy contract) on the law of the state of Ohio, which it alleges is…