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ROSA v. ALLSTATE INS. CO.

No. 173, Docket 92-7535.

981 F.2d 669 (1992)

Gregoria ROSA, Plaintiff-Appellant, v. ALLSTATE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided December 23, 1992.

Attorney(s) appearing for the Case

Gregoria Rosa, pro se.

Robyn G. Nir, Uniondale, NY (Evan H. Krinick, Rivkin, Radler & Kremer, on the brief), for defendant-appellee.

Before KEARSE, MINER, Circuit Judges, and POLLAK, District Judge.

LOUIS H. POLLAK, District Judge:

Section 1332(c) of Title 28, which for the purposes of federal court diversity jurisdiction treats a corporation as a citizen "of any State by which it has been incorporated and of the State where it has its principal place of business," contains the following proviso:

[I]n any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured...

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