Lumbermen's Mutual Casualty Co. v. Elbert

348 U.S. 48 (1954)

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Nature of the Case

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Facts

P, a citizen of Louisiana, was injured in an automobile accident because of the negligence of Mrs. S. W. Bowen, also a Louisiana citizen. D, an Illinois corporation, had issued a public liability policy to Mr. Bowen insuring him and members of his household against claims arising from their negligent operation of the family car. D was certificated to do business in Louisiana and had, as a legal prerequisite thereto, consented in writing to be sued directly for damages sustained in Louisiana accidents involving its policyholders. The Louisiana direct action statute provides: The injured person or his or her heirs, at their option, shall have a right of direct action against the insurer within the terms and limits of the policy in the parish where the accident or injury occurred or in the parish where the insured has his domicile, and said action may be brought against the insurer alone or against both the insured and the insurer, jointly and in solido.' P sued D in the District Court alleging diversity of citizenship and damages in excess of $3,000. Mrs. Bowen was not made a codefendant. D moved to dismiss for lack of federal jurisdiction and the district judge granted the motion. The Court of Appeals reversed and remanded the case. D appealed.