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McElroy v Mid-Century Insurance Company; (USD-UNP, 4/1980; RB #308)

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United States District Court; Eastern District of Michigan; Docket No.79-72033; Unpublished    
Judge John Feikens; Written Order  
Official Michigan Reporter Citation: Not Applicable; Link to Opinion alt    


STATUTORY INDEXING:  
Not Applicable

TOPICAL INDEXING:
Federal Jurisdiction and Removal of PIP Claims    


CASE SUMMARY:  
In a written order directly contrary to the holding in McMurry v Prudential Property (item number 209) Chief Judge John Feikens held that the "direct action proviso" of 28 USC § 1332(c) does not have application to a civil suit brought against an insurance carrier for benefits under the Michigan no-fault statute for the reason that such a suit is not a "direct action against the insurer of a policy or contract of liability insurance" as stated and intended by said proviso. Thus, plaintiff’s motion to remand the case to the Wayne County Circuit Court was properly denied.


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