James B. Francis, Jr. v. Ina Life Insurance Company of New York, a Cigna Company, A/K/A Licony

PIERCE, Circuit Judge:

I

The facts in this case are not in dispute and can be simply stated. On November 24, 1983, plaintiff-appellant, James B. Francis, Jr., fell from a ladder and severely injured his left hand. Specifically, Francis suffered lacerations of tendons, nerves, and arteries in his left wrist resulting in a 71% anatomic impairment of his left hand. However, the district court observed that “[t]he bone structure and certain other nerves, arteries and tendons remained intact.” Francis v. INA Life Insurance Co. of New York, 638 F.Supp. 1117, 1118 (S.D.N.Y.1986).

Appellant was insured…