CLARK v. MASSACHUSETTS MUT. LIFE INS. CO.

No. 84-1496.

749 F.2d 504 (1984)

Michael A. CLARK, Appellant, v. MASSACHUSETTS MUTUAL LIFE INSURANCE COMPANY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 5, 1984.


Attorney(s) appearing for the Case

Victor A. Fleming, Little Rock, Ark., for appellant.

Kenneth R. Shemin, Little Rock, Ark., for appellee.

Before ROSS, Circuit Judge, HENLEY, Senior Circuit Judge, and BOWMAN, Circuit Judge.


HENLEY, Senior Circuit Judge.

Michael Clark appeals from the district court's dismissal, with prejudice, of his suit in diversity on a disability insurance policy issued to him by Massachusetts Mutual Life Insurance Company. Arkansas law governs the case. The district court held that timely furnishing of adequate proof of loss by the insured prior to filing suit was a condition precedent to recovery under the policy, and that Clark had failed to comply substantially...

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