Aetna Life Ins. v. Little Rock Basket Co.

LEMLEY, District Judge.

This cause comes on for hearing upon the plaintiff’s motion to strike the defendant’s “Cross-action”, or counterclaim in this case, the defendant’s response thereto and briefs which have been filed in connection therewith.

As I understand it, the plaintiff’s position is that when an insurer files an action for a declaratory judgment of nonliability on a policy of life insurance after the death of the insured, the beneficiary may not counterclaim for the amount of the policy .plus the statutory penalty and attorney’s fee. From my examination of the authorities bearing…