Legal Opinion
Lata v. New England Mut. Life Ins.
District Court, S.D. New York
Decided September 23, 1946PublishedCited by 3 opinions
1Opinion of the Court
HULBERT, District Judge.
The defendant moved this court, pursuant to Rule 56, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for an order dismissing the complaint and granting summary judgment to defendant on its first defense, on the ground that there is no genuine issue as to any material fact, and for such other and further relief as may be proper.
The action is predicated upon a policy of life insurance written by the defendant insuring the brother of the plaintiff beneficiary.
Depositions of the plaintiff and the defendant’s agent who solicited the insurance have been…
2Cases cited3 opinions
- Berryhill v. EllettCourt of Appeals for the Tenth Circuit · 1933
- Massachusetts Mut. Life Ins. v. National Bank of CommerceCourt of Appeals for the Fourth Circuit · 1938
- Gibson v. New York Life InsuranceWashington Supreme Court · 1918
3Cited by3 opinions
- Colonial Life and Accident Insurance Company v. Sarah Ethel WilsonCourt of Appeals for the Fifth Circuit · 1957
- McNutt v. SherrillDistrict Court of Appeal of Florida · 1962
- Overseas Reliance Tours & Travel Service, Inc. v. Sarne Co.Appellate Division of the Supreme Court of the State of New York · 1963