Workman v. Continental Insurance

MEMORANDUM ORDER

K. K. HALL, District Judge.

Plaintiff’s action to recover actual and punitive damages because of defendant’s non-payment of total and permanent disability insurance benefits under a group accident insurance plan was dismissed, on motion of defendant, on grounds that plaintiff had not given timely written notice of claim as to the occurrence or commencement of any loss covered by the insurance policy. Plaintiff filed a timely motion to modify the dismissal order so as to restore the action to the Court’s docket for development and disposition. Rule 59(e), Federal Rules of Civil…