CRITERION INSURANCE COMPANY v. QUILLEN

Civ. No. 14021.

212 F.Supp. 924 (1963)

CRITERION INSURANCE COMPANY, a body corporate v. Isaac Lee QUILLEN, John Lay Ford, Earl Elburn, Jr., and Unsatisfied Claim and Judgment Fund.

United States District Court D. Maryland.

January 23, 1963.


Attorney(s) appearing for the Case

Frederick J. Green, Jr., Baltimore, Md., for plaintiff.

David D. Patton and Lloyd A. Dreiling, Baltimore, Md., for defendants Quillen and Ford.

Edward A. Smith and W. LeRoy Ortel, Baltimore, Md., for defendant Elburn.

Thomas B. Finan, Atty. Gen. of Maryland, and Gerard W. Wittstadt, Asst. Atty. Gen. of Maryland, Baltimore, Md., for Unsatisfied Claim and Judgment Fund.


THOMSEN, Chief Judge.

Defendants have moved to dismiss this declaratory judgment action for lack of a sufficient amount in controversy to support diversity jurisdiction. 28 U.S. C.A. § 1332(a).

The amended complaint alleges that plaintiff issued an automobile liability policy to defendant Quillen covering a truck which he owned; that the policy was obtained by a material misrepresentation entitling the insurer to have the policy declared void; that while...

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