Harris

BACKGROUND

In 1972, Robert Harris bought a disability and life insur- ance policy from Bankers Life & Casualty Co. (“Bankers”). When a heart attack disabled Harris in 2002, he made a demand for his monthly disability benefit. Bankers made two HARRIS v. BANKERS LIFE AND CASUALTY CO. 13865 payments and then refused to make further payments, claim- ing that Harris was only “partially disabled.”

In January 2003, Harris filed a suit in Montana state court against Bankers and the Bankers insurance agent who sold Harris his policy, Kenneth Brown. Harris pleaded contract and state statutory claims against Bankers and misrepresenta- tion and fraud claims against Brown. The complaint stated the following with respect to the parties: 1) Harris is a resident of Montana; 2) Bankers is an Illinois corporation authorized and licensed to sell insurance policies in Montana; and 3) “In May, 1972, Defendant KENNETH L. BROWN, resided in . . . Montana, and was a ‘Licensed Resident Agent’ in . . . Montana for BANKERS LIFE.” Harris’ original and amended state complaints did not assert a current place of citizenship for Brown. Harris’ state complaint was served on Bankers on January 28,…