Judith M. Utz and Classified Insurance Corporation v. Nationwide Mutual Insurance Company and Ruth Levick

CUDAHY, Circuit Judge.

This action arose from an automobile accident in Ohio between Utz, allegedly a resident of Wisconsin, and Levick, a resident of Pennsylvania. Plaintiff-appellant Utz, joined by her insurer, Classified Insurance Corporation, brought this diversity action in the district court against defendant-appellee Levick and her insurer, Nationwide Insurance Company (“Nationwide”). Defendants’ motion to dismiss the complaint as to both plaintiffs was granted by the district court, and plaintiffs appeal. We find that the record below is insufficient to support the action of the…