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BERGER v. MANHATTAN LIFE INS. CO.

No. 91 Civ. 6854 (LBS).

805 F.Supp. 1097 (1992)

Joel BERGER, Plaintiff, v. MANHATTAN LIFE INSURANCE CO. and American International Life Assurance Co. of New York, Defendants.

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

November 6, 1992.

Attorney(s) appearing for the Case

Grossman & King, New York City (Dennis Grossman, Eileen King, of counsel), for plaintiff.

Werner & Kennedy, New York City (Michael A. Knoerzer, of counsel), for defendant Manhattan Life Ins. Co.

McCormick Dunne & Foley, New York City (John B. Foley, of counsel), for defendant American Intern. Life Assur. Co.

OPINION

SAND, District Judge.

Plaintiff brings this action against Manhattan Life Insurance Company ("Manhattan Life") and American International Life Assurance Company of New York ("American International") seeking unpaid benefits under two life insurance policies. Jurisdiction is based on diversity under 28 U.S.C. § 1332(a)(1). Both defendants move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. Plaintiff cross-moves...

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