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AETNA CAS. & SUR. INS. CO. v. GREENE

No. 79-1126.

606 F.2d 123 (1979)

AETNA CASUALTY & SURETY INSURANCE COMPANY, Plaintiff-Appellant, v. Leyron Alvin GREENE, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided September 11, 1979.

Attorney(s) appearing for the Case

H. Richard Marcus, Luther, Anderson, Cleary, Luhowiak & Cooper, Chattanooga, Tenn., for plaintiff-appellant.

Perla I. Periut, Etowah, Tenn., R. Jerome Shepherd, Cleveland, Tenn., for defendant-appellee.

Before ENGEL, Circuit Judge, PECK, Senior Circuit Judge, and BROWN, District Judge.

JOHN W. PECK, Senior Circuit Judge.

In 1964 Congress limited the diversity jurisdiction of the federal courts by adding the following language to 28 U.S.C. § 1332(c):

. . . in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as...

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