MASSACHUSETTS CAS. INS. CO. v. HARMON

No. 95-5614.

88 F.3d 415 (1996)

MASSACHUSETTS CASUALTY INSURANCE COMPANY, Plaintiff-Appellant, v. Glen A. HARMON, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 10, 1996.


Attorney(s) appearing for the Case

Jeffrey C. Mando (argued and briefed), Adams, Brooking, Stepner, Woltermann & Dusing, Covington, KY, for plaintiff-appellant.

Leonard J. Stayton (argued and briefed), Inez, KY, for defendant-appellee.

Before: MERRITT, Chief Judge; KEITH and SUHRHEINRICH, Circuit Judges.


MERRITT, Chief Judge.

The sole issue on this appeal is whether, in a suit to rescind a disability insurance contract, the face value of the contract should be considered in determining whether a complaint avers the jurisdictional amount required to sustain diversity jurisdiction under 28 U.S.C. § 1332. Following the unanimous federal rule, we hold that the face value of the contract should be considered, and we accordingly reverse the district court's order dismissing...

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