FLEET MESSENGER SERVICE, INC. v. LIFE INS. CO. OF NO. AMER.


205 F.Supp. 585 (1962)

FLEET MESSENGER SERVICE, INC., Plaintiff, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Defendant.

United States District Court S. D. New York.

May 10, 1962.


Attorney(s) appearing for the Case

Proskauer, Rose, Goetz & Mendelsohn, New York City, Jacob Imberman, New York City, of counsel, for plaintiff.

Tanner, Friend, Kinnan & Post, New York City, Edward T. Post, William J. Curran, New York City, of counsel, for defendant.


LEVET, District Judge.

In this action by plaintiff-beneficiary, Fleet Messenger Service, Inc., to recover the proceeds of a life insurance policy issued by defendant-insurer, an attorney representing the widow and personal representatives of the deceased-insured, none of whom are parties to this action, seeks to invoke the physician-patient privilege to exclude certain testimony by physicians of the deceased-insured.

The problem raised is whether a person...

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