Legal Opinion

Francis v. INA Life Ins. Co. of New York

District Court, S.D. New York

Decided July 9, 1986No. 85 Civ. 3695(PKL)PublishedCited by 2 opinions

1Opinion of the Court

LEISURE, District Judge:

James Francis, Jr. commenced this action in New York County Supreme Court to recover under an insurance policy written by INA Life Insurance Company of New York (“LICONY”). LICONY removed the action to this court on the basis of diversity jurisdiction pursuant to 28 U.S.C. § 1332. Each party has moved for summary judgment.

The insurance contract at issue does not specify which law is to be applied with respect to any dispute arising under it. In this regard, the policy provides that “any provision of this policy which, on its effective date, is in conflict with the…

2Cases cited20 opinions

  1. Breed v. Insurance Co. of North AmericaNew York Court of Appeals · 1978
  2. American Home Products Corporation, Plaintiff-Appellant-Cross-Appellee v. Liberty Mutual Insurance Company, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 1984
  3. Morgan v. Prudential Insurance Co. of AmericaWashington Supreme Court · 1976
  4. Government Employees Insurance v. KliglerNew York Court of Appeals · 1977
  5. Norton J. Lehman v. Dow Jones & Company, Inc.Court of Appeals for the Second Circuit · 1986

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3Cited by2 opinions

  1. James B. Francis, Jr. v. Ina Life Insurance Company of New York, a Cigna Company, A/K/A LiconyCourt of Appeals for the Second Circuit · 1987
  2. Bauer v. Kar Products, Inc.Montana Supreme Court · 1988

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