Robert A. Cornellier v. American Casualty Company

LUMBARD, Chief Judge:

Plaintiff appeals from orders of the District Court for Vermont which granted defendant’s motion for summary judgment and denied plaintiff’s motion for summary judgment in this diversity action for recovery under an accident insurance policy. The appeal presents the question whether the policy provision limiting coverage to losses occurring within 90 days of the accident precludes plaintiff from recovering for the loss of his foot in this case. We hold that the provision bars recovery by the plaintiff and we affirm the judgment below.

On October 30, 1964, plaintiff was…