Aetna Life Insurance Company v. John C. Barnes

JOHN R. BROWN, Circuit Judge:

On stipulated facts, the trial Court held the Insurer under a group policy liable to the Employee for total disability benefits. As to that holding we reverse, but remand the case as it is not certain that a possible alternative basis for liability has been factually explored.

The Insurer 1 had issued to the Employer 2 a series of integrated group policies. 3 The Employee 4 had been issued a Certificate of Insurance (note 3, supra).

By formal pretrial order, F.R.Civ.P. 16, the parties stipulated that there “are no contested issues of fact * * * and the case is…