KECK v. FIDELITY AND CASUALTY COMPANY OF NEW YORK

No. 65 C 174.

250 F.Supp. 309 (1965)

Richard B. KECK, Plaintiff, v. FIDELITY AND CASUALTY COMPANY OF NEW YORK, Defendant.

United States District Court N. D. Illinois, E. D.

July 2, 1965.


Attorney(s) appearing for the Case

William J. Costello and John J. Enright, Arvey, Hodes & Mantynband, Chicago, Ill., for plaintiff.

Donald N. Clausen and Jacob T. Pincus, Clausen, Hirsh, Miller & Gorman, Chicago, Ill., for defendant.


DECKER, District Judge.

This is a motion to dismiss the complaint for failure to meet the $10,000 jurisdictional amount required in diversity actions under 28 U.S.C. § 1332, and for failure to state a claim upon which relief can be granted.

Plaintiff insured sues on a health and accident insurance policy which, in relevant part, provides the following benefits:

(1) If plaintiff becomes totally disabled, he receives $50 per week for up to 200 weeks...

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