Polglase

Defendant appeared specially to move to dismiss this action pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., upon the ground that this court lacks jurisdiction over defendant.

In this action plaintiff seeks recovery directly from the defendant on a policy of insurance issued by the defendant to one Robert A. Schrumpf, against whom the plaintiff had previously secured a judgment. The action was commenced in the Superior Court of the State of California in and for the County of Contra Costa. Service of process was made under California Insurance Code Sections 1610 to 1620. The petition for removal to this court alleges the matter in controversy exceeds ten thousand dollars and that the defendant is an Illinois corporation and the plaintiff is a citizen of California.

Defendant asserts in argument and memoranda of points and authorities with supporting affidavits that none of the acts referred to in Section 1610 and described in Section 1611 of the California Insurance Code occurred in this case so that service might be effected under the statute. Service upon non-admitted alien insurers under the same provisions of the California Insurance Code now in…