Allstate Insurance Co. v. Charneski

Apparently deterred by the holding in New Amsterdam Casualty Co. v. Simpson (1941), 238 Wis. 550, 300 N. W. 367, that an automobile liability insurer cannot have declaratory judgment to determine insurance coverage involving an automobile accident in advance of the determination of the alleged insured’s liability on the negligence issue, the appellant, being a foreign corporation, sought such relief under the Federal Declaratory Judgments Act (28 USCA, p. 412, sec. 2201) on the jurisdictional ground of diversity of citizenship. Such choice of forums was not without merit and encouragement…