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AETNA CAS. & SUR. CO. v. GAMEL

No. 84-CV-1026, Bankruptcy No. 83-01060.

45 B.R. 345 (1984)

AETNA CASUALTY & SURETY COMPANY, Appellant, v. Concetta I. GAMEL, Appellee.

United States District Court, N.D. New York.

December 28, 1984.

Attorney(s) appearing for the Case

Davoli, McMahon & Kublick, Syracuse, N.Y., for appellant; Andrew F. Plasse, Syracuse, N.Y., of counsel.

Hancock & Estabrook, Syracuse, N.Y., for appellee; Lynn L. Greenky, Syracuse, N.Y., of counsel.

Warren V. Blasland, Liverpool, N.Y., Trustee.

MEMORANDUM-DECISION AND ORDER

McCURN, District Judge.

Appellant Aetna Casualty and Surety Company (Aetna) appeals from the Bankruptcy Court's June 11, 1984 decision reinstating Concetta I. Gamel's (debtor) health insurance policy retroactive to November 10, 1983. For the reasons discussed below the Bankruptcy Court's decision is reversed.

BACKGROUND

Prior to September, 1983, debtor purchased health insurance from Aetna. Under debtor's policy...

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