Markel Insurance v. Duncan Co.

MEMORANDUM OPINION

ACKER, District Judge.

This case began with the filing of a complaint by Markel Insurance Company (“Markel”) against The Duncan Company, Inc., John R. Duncan, and Carol 0. Duncan (“the Duncans”). The requisites of diversity jurisdiction were alleged and are conceded. It appears, however, that there is no corporation by the name of The Duncan Company, Inc. John R. Duncan simply did business as The Duncan Company. The court will join the parties in ignoring this non-entity except as the name that John R. Duncan used as sole proprietor.

IVEarkel alleged that it, as surety, joined…