BAUER v. INSURANCE COMPANY OF NORTH AMERICA

Civ. A. No. 70-C-481.

351 F.Supp. 873 (1972)

Irwin BAUER, Plaintiff, v. INSURANCE COMPANY OF NORTH AMERICA, Defendant.

United States District Court, E. D. Wisconsin.

December 27, 1972.


Attorney(s) appearing for the Case

C. M. Hanratty, Milwaukee, Wis., and Donald A. Frings, Hartford, Wis., for plaintiff.

Phillip E. Crump, Milwaukee, Wis., for defendant.


MEMORANDUM OPINION AND ORDER FOR PARTIAL SUMMARY JUDGMENT

REYNOLDS, District Judge.

In this diversity action, plaintiff, a citizen of Wisconsin, seeks $50,000 for permanent total disability under a group insurance policy issued by the defendant, a corporation with its home office in Pennsylvania. The defendant has asserted an affirmative defense of late notice of loss with reference to the time limit set forth in the policy. The parties have submitted a...

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