Legal Opinion
Liberto v. Mutual Benefit Health & Accident Ass'n
District Court, W.D. Pennsylvania
Decided March 11, 1971No. Civ. A. No. 70-895PublishedCited by 11 opinions
1Opinion of the Court
OPINION AND ORDER
MARSH, Chief Judge.
Plaintiff sued the defendant on a health and accident policy basing jurisdiction on diversity of citizenship and an amount in controversy in excess of $10,000.1
The defendant moved for judgment on the pleadings, but subsequently having filed an affidavit, the court treated the motion as one for summary judgment. Rule 12(c), Fed.R.Civ.P. The allegations of the verified complaint and the undisputed facts in defendant’s affidavit must be taken as true. The motion will be denied.
In 1956 the defendant issued its policy to plaintiff promising to pay him after the…
2Cases cited9 opinions
- Fedas v. Insurance Co. of PennsylvaniaSupreme Court of Pennsylvania · 1930
- Poch v. Equit. L. Assur. Soc.Supreme Court of Pennsylvania · 1941
- Hughes v. Central Accident InsuranceSupreme Court of Pennsylvania · 1909
- Karp v. Fidelity-Phenix Fire InsuranceSuperior Court of Pennsylvania · 1938
- Turner v. Mutual Benefit Health & Accident Ass'nNew York Supreme Court · 1957
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Mark Hofkin v. Provident Life & Accident Insurance CompanyCourt of Appeals for the Third Circuit · 1996
- Oglesby v. Penn Mutual Life InsuranceDistrict Court, D. Delaware · 1995
- Panepinto v. New York Life InsuranceNew York Court of Appeals · 1997
- Utica Mut. Ins. Co. v. Cincinnati Ins. Co.District Court, E.D. Pennsylvania · 2019
- Charles Wetzel v. Lou Ehlers Cadillac Group Long Term Disability Insurance Program Reliance Standard Life Insurance CompanyCourt of Appeals for the Ninth Circuit · 1999
6 more not listed; retrieve them via the Exa API.