Cipa v. Metropolitan Life Insurance

Dissenting Opinion

by Mr. Justice Horace Stern:

This is an action of assumpsit on a policy of group life insurance insuring the lives of employees of Jones & Laughlin Steel Corporation. Decedent, on January 5, 1942, was given a temporary lay-off. On January 7 he became an employee of National Tube Company and remained employed there until his death on February 11. Immediately upon his employment by National Tube Company he became insured under the group policy carried by that Company, which insurance was paid to plaintiff after decedent’s death. The question now is whether she can also recover…