Opinion of the Court — Sweeney v. National Union Fire Insurance

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Type: Opinion of the Court
Filed: June 21, 2002
Case: Sweeney v. National Union Fire Insurance
Case status: Decided

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ORDER The defendant appeals a district court order remanding this case to the state court from which it was removed upon a finding that subject matter jurisdiction was lacking. The plaintiff now moves to dismiss the appeal pursuant to 28 U.S.C. § 1447 (d), which provides that an order remanding a case to the state court from which it was removed is not renewable on appeal or otherwise. The defendant opposes the motion. The decedent, Alton Bennett, died as a result of injuries he sustained when struck by an automobile driven by an underin-sured motorist. Francis E. Sweeney, Jr., the plaintiff and administrator of Bennett’s estate, sued National Union Fire Insurance Company (National Union) in state court seeking underinsured motorist coverage under a policy of insurance issued by National Union to Bennett’s employer, LTV Steel. National Union removed the action to the United States District Court for Northern District of Ohio based on diversity of ' citizenship. The plaintiff moved to remand, and on March 22, 2002, the district court entered an order granting the plaintiffs motion. This appeal is taken from that order. In determining that subject matter jurisdiction was lacking, the…

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