Great River Entertainment, LLC v. Zurich American Insurance Co., No. 21-3815 (8th Cir. 2023)
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Great River Entertainment, LLC sought coverage from Zurich American Insurance for losses related to the COVID-19 pandemic. The district court granted Zurich’s motion to dismiss for failure to state a claim. Great River appealed and moved to remand because there was not complete diversity of citizenship.
The Eighth Circuit remanded to the district court to consider whether there is federal diversity jurisdiction. The court explained that it cannot proceed without subject matter jurisdiction. The court wrote that based on Great River’s new affidavit, it is unable to conclude that its members were diverse. While Great River’s carelessness has clearly wasted judicial resources, the court explained that it cannot address the merits before determining federal jurisdiction. This is a task better suited for the district court. The court wrote that on remand, the court may also take additional action it deems appropriate.
Court Description: [Kobes, Author, with Loken and Arnold, Circuit Judges] Civil case - Civil Procedure. In a suit for coverage for losses incurred as a result of a COVID-19 closing order, defendant removed the suit brought by its insured to federal court; the district court then dismissed the action for failure to state a claim. On appeal, plaintiff asserted, for the first time, that at least 25 of its members were citizens of Illinois, defendant's principal place of business and that neither the district court nor this court had jurisdiction because there was a lack of complete diversity. Remanded for a factual determination as to whether the parties are diverse. [ September 07, 2023 ]
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