Wodecki v. Nationwide Insurance Company

107 F.R.D. 118 (1985)

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Nature of the Case

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Facts

P was admitted to H. P is a resident of Pennsylvania. P was insured through D. P filed this action in federal court to recover her benefits from the D policy. P received a jury verdict in the amount of $8,200. After the entry of judgment, the court permitted H to file a claim for intervention in an order dated March 15, 1985. P moved to dismiss H's claim of intervention. H also filed a claim against P in state court seeking payment from P. H had a right to intervene in the case under Rule 24(a)(2) because it had an interest in the insurance benefits that was not sufficiently represented by P or D. P argues that the claim against D has been terminated and satisfied of record on March 27, 1985 and that H's claim does not have an independent jurisdictional basis since the parties are not diverse and the amount in controversy does not exceed $10,000.