Bauer v. Insurance Company of North America

MEMORANDUM OPINION AND ORDER FOR PARTIAL SUMMARY JUDGMENT

REYNOLDS, District Judge.

In this diversity action, plaintiff, a citizen of Wisconsin, seeks $50,000 for permanent total disability under a group insurance policy issued by the defendant, a corporation with its home office in Pennsylvania. The defendant has asserted an affirmative defense of late notice of loss with reference to the time limit set forth in the policy. The parties have submitted a set of stipulated facts for a decision by the court as to the validity of the defense.

On November 1, 1964, plaintiff enrolled in a “Voluntary…