Whitley v. Hartford Accident & Indemnity Co.

MEMORANDUM OPINION

SANDERS, District Judge.

In this diversity case, Plaintiff Elisabeth Whitley seeks to recover under an insurance policy issued by the Defendant for the costs of medical treatment and services required by her husband, Wyndham Whitley, after a 1976 automobile accident. Wyndham Whitley died during the pendency of this action and, although no formal substitution of parties has yet been made, the Court has treated Elisabeth Whitley as the proper representative for the claims urged herein. The Defendant has moved for Rule 56(a) summary judgment asserting that the action is barred…