KRAUSS v. MANHATTAN LIFE INS. CO. OF NEW YORK

No. 380, Docket 80-7553.

643 F.2d 98 (1981)

Frances KRAUSS, Plaintiff-Appellee, v. MANHATTAN LIFE INSURANCE COMPANY OF NEW YORK, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 9, 1981.

Rehearing Denied April 8, 1981.


Attorney(s) appearing for the Case

James P. Donovan, New York City, Wilson, Elser, Edelman & Dicker, Robert Kaiser, New York City, of counsel, for defendant-appellant.

James T. Ryan, Chicago, Ill., Greenberger, Krauss & Jacobs, Barry R. Katz, Chicago, Ill., Gray & Richardson, Ambrose M. Richardson, III, New York City, of counsel, for plaintiff-appellee.

Before LUMBARD, MANSFIELD and VAN GRAAFEILAND, Circuit Judges.


LUMBARD, Circuit Judge:

Manhattan Life Insurance Company of New York appeals from an order of Judge Cannella of the Southern District of New York which granted summary judgment for plaintiff Frances Krauss. No relevant facts are in dispute, and the only issue is whether the law of New York or the law of Illinois governs the interpretation of the insurance contract at issue. Applying New York choice-of-law doctrines, Judge Cannella held that New York law governs the...

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