Howard Verlo v. The Equitable Life Assurance Society of the United States, a New York Corporation

WEBSTER, Circuit Judge.

This case calls to mind the dictum of Justice Holmes that “hard cases make bad law.”1 Depending upon the legal effect of an extension clause in appellant Equitable Life Insurance Company’s group life insurance contract, the decedent’s beneficiary is either entitled to recover a death benefit or is excluded from coverage by one day. The District Court found the clause to be ambiguous and construed it to find coverage; we hold that the clause is unambiguous and that coverage is excluded. We therefore reverse.

The group policy involved in this case covered certain employees…