Quimbee logo
DMCA.com Protection Status
From our private database of 18,400+ case briefs...

John S. Clark Co., Inc. v. Travelers Indemnity Co. of Illinois

United States District Court for the Middle District of North Carolina
359 F. Supp. 2d 429 (2004)


John S. Clark Company, Inc. (plaintiff), a building contractor based out of North Carolina, obtained insurance from Travelers Indemnity Company of Illinois (defendant) to cover a construction project as well as damage arising from work performed by subcontractors and any costs incurred to replace or repair damage on said project. Clark hired Herrera Masonry Inc. (defendant) as subcontractor on the project, pursuant to a contract that contained warranties by Herrera against all deficiencies and defects in its work and an indemnification clause. When certain portions of the project collapsed due to deficiencies in Herrera’s work, Clark repaired and rebuilt these and other defective portions. Clark filed suit in state court demanding payment and indemnity from both Travelers and Herrera for damage to the project and repair costs. Travelers removed the action to federal court. Clark and Herrera each filed separate motions to remand the case back to state court for lack of subject-matter jurisdiction because complete diversity was lacking between Clark and Herrera. Desiring to litigate this action in federal court, Travelers filed a motion to dismiss Herrera for jurisdictional purposes, arguing that the court should retain jurisdiction of Clark’s claims against Travelers and that Clark should pursue its claims against Herrera separately in state court.

Rule of Law


Holding and Reasoning (Bullock, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 496,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 496,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 18,400 briefs, keyed to 985 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial