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FRANCIS v. INA LIFE INS. CO. OF NEW YORK

No. 85 Civ. 3695(PKL).

638 F.Supp. 1117 (1986)

James B. FRANCIS, Jr., Plaintiff, v. INA LIFE INSURANCE COMPANY OF NEW YORK, a Cigna Company a/k/a Licony, Defendant.

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

July 9, 1986.

Attorney(s) appearing for the Case

McCormick, Dunne & Foley, New York City, for plaintiff; Joseph A. Altman, Jr., of counsel.

Smith & Laquercia, P.C., New York City, for defendant; Thomas Michael Laquercia, Kenneth J. Klein, of counsel.

LEISURE, District Judge:

James Francis, Jr. commenced this action in New York County Supreme Court to recover under an insurance policy written by INA Life Insurance Company of New York ("LICONY"). LICONY removed the action to this court on the basis of diversity jurisdiction pursuant to 28 U.S.C. § 1332. Each party has moved for summary judgment.

The insurance contract at issue does not specify which law is to be applied with respect to any dispute arising...

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