Hasek v. Certain Lloyd's Underwriters

GIBSON, Chief Judge.

This is an action brought on a policy of life insurance, and for vexatious delay with attendant attorney’s fees. The case was originally filed in the Circuit Court of Jackson County, Missouri, and was removed to this Court by the defendant on the basis of diversity of citizenship and an amount in controversy in excess of $10,000.00.

Plaintiff has now made a motion to remand the case to the Circuit Court of Jackson County, basing its contention on the following provision of the policy:

“5. It is agreed that in the event of the failure of Underwriters hereon to pay any amount…