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SAINT CALLE v. PRUDENTIAL INS. CO.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK


February 22, 1993

JULIETTE B. SAINT CALLE and RAYMOND BASILI, Plaintiffs,
v.
PRUDENTIAL INSURANCE COMPANY OF AMERICA and JOHN HANCOCK VARIABLE LIFE INSURANCE COMPANY, Defendants.

The opinion of the court was delivered by: MICHAEL B. MUKASEY

OPINION AND ORDER

 MICHAEL B. MUKASEY, U.S.D.J.

 Plaintiffs seek to recover life insurance proceeds of five policies issued by defendants to an insured who plaintiffs allege died in a car accident in Haiti. Jurisdiction is based on diversity of citizenship. 28 U.S.C. ยง 1332.

 Defendants dispute that the insured is dead and move for a summary judgment that plaintiffs may not collect proceeds from the policies now. Alternatively, defendants allege that the insured misrepresented material facts in the applications for two policies, and cross-claim to rescind those two policies. Defendants move also for summary judgment as to plaintiffs' claims for certain accidental death benefits and for punitive damages.

 For the reasons stated below, defendant John Hancock's motions are granted, and it is dismissed from these proceedings. Defendant Prudential's motions are granted in part and denied in part, as described below.

 I.

 Plaintiffs began this action in December 1989 to recover life insurance proceeds from five policies issued by defendants to Jean B. Saint Calle as the insured. Plaintiff Saint Calle, the insured's wife, and plaintiff Basili, a creditor of the insured, are each New York residents. (Am. Compl. PP 1, 2) Defendant Prudential is an insurance company headquartered in Newark, New Jersey. (Am. Compl. P 5) Defendant John Hancock is an insurance company headquartered in Boston, Massachusetts. (Am. Compl. P 6) The policies at issue are in face amount greater than $ 1 million: Policy No. Company Face Amount Date Issued VL 689777 John Hancock $ 260,000 March 3, 1987 72 741 770 Prudential $ 30,000 September 4, 1987 72 741 282 Prudential $ 260,000 November 20, 1987 72 785 430 Prudential $ 250,000 June 13, 1988 72 860 691 Prudential $ 351,000 February 6, 1989

19930222

© 1992-2004 VersusLaw Inc.



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