Fred M. Hart v. Orion Insurance Company Limited, a Corporation

HICKEY, Circuit Judge.

This claim is based upon an insurance policy insuring appellant Hart against occupational disability as an airline pilot, and seeks award of the benefit provided by the policy. It is a diversity action and the benefit award exceeds the $10,-000 jurisdictional amount. A section of the policy provides that a medical examination and arbitration by appointed medical arbitrators will determine whether disability has occurred. The trial court by its order stayed the court proceedings until completion of the arbitration process. The stay order is appealed.

By minute order of the…