LAURO v. METROPOLITAN LIFE INS. CO.

Civil Action No. 9741.

80 F.Supp. 377 (1948)

LAURO v. METROPOLITAN LIFE INS. CO.

United States District Court D. New Jersey.

October 29, 1948.


Attorney(s) appearing for the Case

Frank B. Bozza, of Newark, N. J., for plaintiff.

McCarter, English & Studer, by Verling C. Enteman, all of Newark, N. J., for defendant.


FAKE, District Judge.

The issues now before the court arise on a motion to strike the complaint on the ground that it fails to state a claim upon which relief can be granted.

The complaint is founded upon a policy of insurance issued to the plaintiff. It contains the following clause:

"The Metropolitan Life Insurance Company in consideration of an additional premium of Sixteen dollars * * * DOTH HEREBY AGREE, that if while the above numbered policy...

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