Legal Opinion
Estate of Baratt v. Phoenix Mutual Life Insurance
District Court, W.D. New York
Decided March 16, 1992No. CIV-92-6044TPublishedCited by 21 opinions
1Opinion of the Court
DECISION AND ORDER
TELESCA, Chief Judge.
INTRODUCTION
This is an action for breach of contract, fraud, and bad faith refusal to pay benefits allegedly due under an insurance contract. Defendant filed a notice of removal in this Court on January 30, 1992, pursuant to 28 U.S.C. §§ 1332 and 1441(a). Plaintiff now moves to remand this action to state court on the grounds that removal was untimely.
BACKGROUND
On December 9, 1991, Bruce Anglin, a process server hired by the plaintiff, served a summons with notice on Susan J. Simmons who was employed by the defendant, Phoenix Mutual Life Insurance…
2Cases cited7 opinions
- Taylor v. Granite State Provident Ass'nNew York Court of Appeals · 1893
- Love v. State Farm Mutual Automobile InsuranceDistrict Court, N.D. Georgia · 1982
- Colbert v. International Security Bureau, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
- Conticommodity Services, Inc. v. PerlDistrict Court, N.D. Illinois · 1987
- Dawson v. Orkin Exterminating Co., Inc.District Court, D. Colorado · 1990
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc.Supreme Court of the United States · 1999
- Whitaker v. American Telecasting, Inc.Court of Appeals for the Second Circuit · 2001
- Richard Roe v. John O'DOnOhueCourt of Appeals for the Seventh Circuit · 1994
- Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc.Supreme Court of the United States · 1999
- Mermelstein v. MakiDistrict Court, S.D. New York · 1993
16 more not listed; retrieve them via the Exa API.