Freeland v. Liberty Mut. Fire Ins. Co

632 F.3d 250 (6th Cir. 2011)

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Nature of the Case

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Facts

P loaned their minivan to their son, John Freeland, Jr., and his family. Jr. was driving the minivan with his wife and three children in the car when he ran a red light and struck a police cruiser in the middle of an intersection. Freeland and his wife were killed in the accident. Their three children survived, but with serious injuries. P insured their minivan with D. The policy provided coverage for bodily injuries up to a 'single limit' of $100,000 as well as coverage for accidents caused by uninsured/underinsured motorists ('UM/UIM coverage') up to a 'split limit' of $12,500 per person and $25,000 per accident. Jr. did not have car insurance of his own and was an uninsured motorist. D offered P the $25,000 per accident limit of their UM/UIM coverage. P filed a lawsuit against D in Ohio state court. P sought a declaratory judgment establishing that their insurance policy provided $100,000 in UM/UIM coverage per accident, instead of the $25,000 per accident stated on the policy's face. D removed the case to the United States District Court. D asserted that the parties were completely diverse and that the amount in controversy was $100,000-the full amount of UM/UIM coverage to which Ps argued they were entitled. Neither party challenged the district court's jurisdiction. On January 5, 2010, the district court granted Ds motion for summary judgment, and P appealed.