Legal Opinion
Paz R. Hernandez v. The Travelers Insurance Company
Court of Appeals for the Fifth Circuit
Decided April 16, 1974No. 73-1226PublishedCited by 52 opinions
1Opinion of the Court
WISDOM, Circuit Judge:
The defendant-appellant, Travelers Insurance Company, brings this interlocutory appeal under 28 U.S.C. § 1292(b) from the denial by the district court of Travelers’ motion to dismiss for want of subject matter jurisdiction. The question for decision is whether in a direct action by an employee against his employer’s workmen’s compensation insurer, the insurer shall be deemed a citizen of the state of which the employer is a citizen for purposes of determining whether diversity of citizenship jurisdiction exists. We hold that in such cases a workmen’s compensation insurer…
2Cases cited17 opinions
- Horton v. Liberty Mutual InsuranceSupreme Court of the United States · 1961
- Lumbermen's Mutual Casualty Co. v. ElbertSupreme Court of the United States · 1954
- Dunn v. JonesSupreme Court of Kansas · 1936
- Pinkey White v. United States Fidelity and Guaranty CompanyCourt of Appeals for the First Circuit · 1966
- Liberty Mutual Insurance Company v. Emmett HortonCourt of Appeals for the Fifth Circuit · 1960
12 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Joanne Beckham v. Safeco Insurance Company of America, a CorporationCourt of Appeals for the Ninth Circuit · 1982
- Jerome Fortson v. St. Paul Fire and Marine Insurance CompanyCourt of Appeals for the Eleventh Circuit · 1985
- Gregoria Rosa v. Allstate Insurance CompanyCourt of Appeals for the Second Circuit · 1992
- Dairyland Insurance Company v. Ann R. Makover, and Bernard Makover v. Robert Lawrence KnauerCourt of Appeals for the Fifth Circuit · 1981
- Aetna Casualty & Surety Insurance Company v. Leyron Alvin GreeneCourt of Appeals for the Sixth Circuit · 1979
47 more not listed; retrieve them via the Exa API.