Regina S. Kucera v. Metropolitan Life Insurance Co
Court of Appeals for the Third Circuit
1DissentRosenn, Circuit Judge
I agree with the majority that if an insurance policy between Metropolitan Life Insurance Company (Metropolitan) and Glenn Kucera was in force at the time of the latter’s death, Regina Kucera had an independent cause of action under the policy as the beneficiary. Thus, the majority is correct in holding that her cause of action for the face amount of the policy allegedly issued did not arise until the death of the named insured on July 2, 1979. Regina Kucera’s claim, however, cannot survive a motion for summary judgment unless she can raise a material question of fact as to whether a policy…
2Cases cited3 opinions
- O'Connell v. Chicago Park DistrictIllinois Supreme Court · 1941
- Williams v. Paxson Coal Co.Supreme Court of Pennsylvania · 1942
- Simmons v. Western Assur. Co.Court of Appeals for the Fifth Circuit · 1953