United States Ninth Circuit

An insurance carrier was not the real party in interest in a fire insurance subrogation action, and such a claim could only be brought in the name of the insured, resulting in the absence of diversity jurisdiction, thus the district court should have dismissed the action. (Amended opinion)

Appellate Information

• Decided 10/08/2003
• Published 02/17/2004

Judges

• Before MICHAEL DALY HAWKINS and BERZON, Circuit Judges, and QUACKENBUSH, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Melissa O'Loughlin White and Jodi A. McDougall, Cozen O'Connor, Seattle, WA, for the plaintiffs-appellants.


• For Appellees:
  
• Mark R. Fahrenkrug, Knowles Ferguson PLLC, Seattle, WA, for the defendants-appellees.