Simmons v. Zurich General Accident & Liability Insurance Co.

Pee Cueiam.

A critical analysis of tbe complaint leaves us with tbe impression that only one valid, subsisting cause of action (based on tbe policy of insurance) has been stated therein. Tbe other matters alleged, even if properly joined in an action on tbe contract of insurance, wbicb may be doubted if intended to set up a separate and independent action in tort, apparently bave resulted in no injury to the plaintiff as alleged, and may not. And with respect to plaintiff’s gun, it is not alleged that any demand has been made for its return.

We find no error in the removal of the suit to the Federal Court for trial on the ground of diversity of citizenship.

Affirmed.