Legal Opinion

Merlin v. Aetna Life Insurance Company

District Court, S.D. New York

Decided January 20, 1960PublishedCited by 12 opinions

1Opinion of the Court

FREDERICK van PELT BRYAN, District Judge.

Plaintiff is the beneficiary of a policy insuring her deceased husband against accidental death. She sues to recover the proceeds of the policy, alleging that lier husband’s death was caused by accidental means. Defendant insurer merely denies that death was accidental and pleads no affirmative defenses. Jurisdiction is based on diversity of citizenship.

Defendant now moves, pursuant to Rule 37(a), F.R.Civ.P., 28 U.S.C.A., to ■compel plaintiff to answer questions posed to her on deposition concerning conversations she had with her deceased husband…

2Cases cited11 opinions

  1. Wolfle v. United StatesSupreme Court of the United States · 1934
  2. Judy Garland v. Marie TorreCourt of Appeals for the Second Circuit · 1958
  3. Blau v. United StatesSupreme Court of the United States · 1951
  4. Parkhurst v. . BerdellNew York Court of Appeals · 1888
  5. John M. Palmer v. Alice Bradley Fisher, as of the Estate of Frederick T. Fisher, Deceased, Petition of Thomas F. PierceCourt of Appeals for the Seventh Circuit · 1956

6 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Application of CepedaDistrict Court, S.D. New York · 1964
  2. Awtry v. United StatesDistrict Court, S.D. New York · 1961
  3. Courtland v. Walston & Co., Inc.District Court, S.D. New York · 1972
  4. Baylor v. Mading-Dugan Drug Co.District Court, N.D. Illinois · 1972
  5. Cimijotti v. PaulsenDistrict Court, N.D. Iowa · 1963

7 more not listed; retrieve them via the Exa API.

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