NCBE Uniform Bar Exam (UBE) Practice Exam

Question: 1 / 400

How does an insured's domicile affect the jurisdiction of an insurance company?

It has no effect on jurisdiction

It is irrelevant unless there are multiple claims

It is imputed to the insurance company for diversity purposes

An insured's domicile is significant for determining jurisdiction in the context of insurance companies, particularly when it comes to diversity jurisdiction under federal law. Diversity jurisdiction pertains to cases where parties are from different states, allowing federal courts to hear cases that otherwise could be in state courts.

When considering whether a case can be heard in federal court based on diversity jurisdiction, the domicile of the insured plays a crucial role. The domicile of an insured individual is imputed to the insurance company to ascertain if there is complete diversity between the parties involved in the lawsuit. This means that if an insured is a resident of a particular state, the insurance company might be deemed to be a citizen of that state for diversity purposes. Thus, if both the plaintiff and the insured are from the same state, diversity jurisdiction may be compromised, preventing the case from being heard in federal court.

This is why the answer correctly identifies the importance of an insured's domicile in establishing jurisdiction for diversity purposes, impacting where legal proceedings can take place. Without consideration of the insured's domicile, it would be challenging to determine if diversity jurisdiction applies.

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It protects the insurance company from claims

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