Fidelity & Casualty Co. v. Metropolitan Life Insurance

This action is brought for the recovery of moneys claimed as due under the divisible surplus feature of a group hospital and surgical policy issued by the defendant, Metropolitan Life Insurance Company, a mutual insurance company incorporated under the laws of this State. The unusual *618fact pattern and the somewhat cryptic pleading of the canse of action on which the case is founded reflect some of the peculiar problems which can stem from the group insurance arrangement.

The policy involved was originally issued by the defendant on June 22, 1951 to Ditto Incorporated, a Delaware corporation…