Tyler v. INSURANCE COMPANY OF NORTH AMERICA, INC.

MEMORANDUM OPINION

LYNNE, Senior District Judge.

I. STATEMENT OF THE CASE

This suit was instituted by plaintiff, Mrs. Net Tyler, an Alabama resident, against defendant, Insurance Company of North America (“INA”), to recover $50,000.00 under a limited coverage policy issued by defendant to plaintiff’s deceased husband, Cecil H. Tyler. Jurisdiction is predicated on 28 U.S.C. § 1332 (1970).

Both plaintiff and defendant have moved for summary judgment, and the Court heard oral argument in the case on September 6, 1974.

There is little dispute as to the facts. Both parties agreed to submit the case for…