EICHENSEER v. RESERVE LIFE INS. CO.

No. EC85-415-LS-D.

682 F.Supp. 1355 (1988)

Patricia Stephenson EICHENSEER, Plaintiff, v. RESERVE LIFE INSURANCE COMPANY, Defendant.

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

March 18, 1988.


Attorney(s) appearing for the Case

Thomas L. Kesler, Sams & Kesler, DeWitt T. Hicks, Jr., Gholson, Hicks & Nichols, Columbus, Miss., for plaintiff.

L.F. Sams, Jr., John S. Hill, Mitchell, McNutt, Bush, Lagrone & Sams, Tupelo, Miss., for defendant.


OPINION

SENTER, Chief Judge.

In this diversity action, plaintiff alleges that the defendant insurer acted with reckless disregard for her contractual rights and was grossly negligent by denying her claim for health insurance benefits. Plaintiff seeks an award of both extracontractual compensatory damages and punitive damages as a result of the defendant's actions.

A nonjury trial has been conducted, and the court now issues the following findings...

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