328 (1958), and has been applied in other situations to uphold the removal of suits to federal court. See Newman v. Forward Lands, Inc., 418 F.Supp. 134 (E.D.Pa.1976); Wiley v. Safeway Stores, Inc., 400 F.Supp. 653 (N.D.Okl.1975); Chipman v. Lollar, 304 F.Supp. 440 (N.D.Miss.1969). Several courts have limited an insurance agent’s liability to an insured on the same basis. See Emersons, Ltd. v. Max Wolman, Co., 388 F.Supp. 729 (D.D.C.1975), aff’d mem., 174 U.S.App.D.C. 241, 530 F.2d 1093 (1976); American Mut. Serv. Corp. v. U. S. Liability Ins. Co., 293 F.Supp. 1082 (E.D.N.Y.1968); 16 Appleman, Insurance Law and Practice § 8832, at 459 & n. 35 (1968) [hereinafter cited as Appleman]; Annot., 72 A.L.R.3d 747, § 3[b] (1976). But see Kolb v. Prudential Ins. Co., 170 F.Supp. 97 (W.D.Ky.1959) (<HOLDING>). At least one court has characterized the
holding that a colorable claim was asserted against the nondiverse agent of the insurer blocking removal of the suit to federal court holding that removal to federal court was proper for claims asserted under all writs act holding that were the court to find fraudulent joinder as to a nondiverse defendant on the basis of evidence equally dispositive of the liability of that defendant and a nondiverse defendant a refusal later in the proceedings to give judgment for the diverse defendant on the same grounds in turn would require the court to revisit a ruling that the nondiverse defendant was fraudulently joined holding that a statecourt order providing for severance and separate trials of claims against a diverse defendant and a nondiverse defendant did not permit removal of a plaintiffs claim against the diverse defendant where the claims had not been separately docketed in state court and the plaintiffs claim against the nondiverse defendant had been removed together with the claim against the diverse defendant holding a suit against an agency of the state is a suit against the state