Curran v. Nakelski

In an action for a declaratory judgment, plaintiff moves to strike defendants’ answer and counterclaim for summary judgment. The action arises out of a policy of life insurance issued to one Thomas Curran by the Prudential Insurance Company of America, in which plaintiff herein is *104designated as the beneficiary. The policy was issued on June 25, 1956 and on July 5, 1956 the assured died as the result of an accident. Plaintiff has filed a proof of loss under the terms of the policy and now claims the proceeds thereof. Defendants Nakelski also made claim upon the proceeds. The latters’ claim is…