Leshem v. CONTINENTAL AMERICAN LIFE INSURANCE CO.

METZNER, District Judge.

The failure of the named beneficiary of an insurance policy, seeking recovery under the double indemnity provisions of said policy, to make timely demand for a jury trial has resulted in five motions presently before the court.

Florence Katz, the named beneficiary, originally brought suit against the defendant for double indemnity in the Supreme Court of the State of New York on February 6th, 1962. On March 26th, 1962 the action was removed to this court on the ground of diversity, as plaintiff was a citizen of New York and the defendant a citizen of Delaware. When…