Canadian Indemnity Co. v. State Automobile Insurance

The defendant has moved to dismiss for insufficiency of service of process under Rule 12(b) (5) of the Federal Rules of Civil Procedure, 28 U.S.C.A. For the purposes of this motion the pleadings and affidavits establish the following uncontradicted facts:

1. The plaintiff, The Canadian Indemnity Company, a corporation, is a corporation existing by virtue of the laws of the Dominion of Canada, and the plaintiff, Alvin Kelly, is a resident of the State of Idaho;

2. The defendant is a corporation existing under the laws of the State of Iowa;

3. There is a personal injury action pending in the Superior Court of the State of California in which one Harry Paulson is the plaintiff and Ernst Bros. *820 [Inc., a California corporation, and Alvin Kelly (plaintiff here) are defendants;

4. Ernst Bros. Inc. is insured by ■Canadian and Kelly is an additional insured under the omnibus definition of ■■insured in the policy;

5. Paulson (the plaintiff in the California action) was an employee of Dual Manufacturing & Sales Inc., a Minnesota corporation, when he is alleged to have been injured in an accident in Idaho involving trucks of Ernst and Dual;

6. Dual is insured by defendant here, and…