Lang v. New York Life Insurance

MEMORANDUM

BIUNNO, Senior District Judge.

This is a suit on an insurance policy providing coverage of $100,000. on the life of plaintiffs’ child, and an additional $100,-000. as an accidental death benefit. Both sides have moved for summary judgment in respect to the accidental death benefit, as the basic payment was satisfied.

Jurisdiction here rests on diversity only, and so the principles of Erie R. Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188 (1938) govern.

The choice of law is by the rules of the forum State, and there can be no doubt that in the field of insurance law, New…