New York Life Insurance v. Wittman

FINDINGS OF FACT AND CONCLUSIONS OF LAW

SAM H. BELL, District Judge.

I. INTRODUCTION

On the 19th of December, 1989, plaintiff filed this action for rescission of a certificate of insurance issued to the defendant, Paul David Wittman. On January 29, 1990, defendants filed their answer which included a two-count counterclaim, averring that: (1) plaintiffs refusal to pay the defendant the monthly benefits due to him under the policy constitutes gross negligence; and (2) as a proximate result of plaintiffs intentional, reckless,' extreme and outrageous conduct, plaintiff has subjected defendant to…