Davidson v. Garden Properties, Inc.

MEMORANDUM DECISION

ARNOW, Chief Judge.

Before this court is a diversity complaint based on an accident occurring in the State of Alabama. Defendant, Commercial Union Insurance Company, a liability insurer licensed to do business in Florida, is, however, not a domestic corporation resident here. Defendant insurance company has moved to dismiss this action on grounds it is not subject to direct action under the laws of Alabama.

As authority for this proposition, defendant cites Weingartner v. Fidelity Mutual Insurance Co. of Indianapolis, 205 F.2d 833 (5th Cir. 1953). That case and the line of…