Haskell

Haskell v. State Farm Mutual Automobile Insurance

Good Law
69 F. App'x 877
United States Court of Appeals for the Ninth CircuitJuly 9, 2003No. 02-15533; D.C. No. CV-01-00183-SOM/KSCCalifornia366 words

Opinion

Lead Opinion

MEMORANDUM *

Earl and Loralee Haskell appeal the district court’s grant of summary judgment to State Farm denying automobile insurance benefits.

We hold that subject matter jurisdiction exists under 28 U.S.C. § 1332 . The parties do not dispute diversity of citizenship. State Farm must show by a preponderance of the evidence that the amount in controversy exceeds $75,000. *878 28 U.S.C. § 1332 ; Cohn v. Petsmart, 281 F.3d 837, 839 (9th Cir.2002). It is facially apparent from the complaint that the amount in controversy exceeds $75,000. The parties agree that $70,000 in uninsured motorist benefits under two State Farm policies is in controversy. The Haskells’ complaint states further that State Farm is “obligated” to provide no-fault, personal injury protection coverage. The State Farm policies provide $10,000 of such coverage. The complaint also seeks statutorily authorized attorneys’ fees, which may be taken into account when determining the amount in controversy. Galt G/S v. JSS Scandinavia, 142 F.3d 1150, 1155 (9th Cir.1998). Including the uninsured motorist coverage, the personal injury protection coverage, and attorneys’ fees, State Farm has demonstrated that the amount in…

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