Bree v. Mutual Benefit Health and Accident Ass'n

GANEY, Chief Judge.

This case is before us on motions for summary judgment and in the alternative for dismissal of the action. Involved are claims on four disability insurance policies, two of which were issued by Mutual Benefit Health and Accident Association (“Mutual”), and one each by United Benefit Life Insurance Company (“United”) and Metropolitan Life Insurance Company (“Metropolitan”). This court’s jurisdiction is sought to be invoked solely on the grounds of diversity of citizenship of the parties and the alleged amount in controversy.

In the complaint plaintiff avers that following his…