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SAINT CALLE v. PRUDENTIAL INS. CO.

No. 90 Civ. 0045 (MBM).

815 F.Supp. 679 (1993)

Juliette B. SAINT CALLE and Raymond Basili, Plaintiffs, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA and John Hancock Variable Life Insurance Company, Defendants.

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

February 22, 1993.

Attorney(s) appearing for the Case

Vincent Anzalone, Anzalone & Leschins, Bronx, NY, for plaintiffs.

Edward D. Greenberg, Robert A. Santucci, Schwartz & Greenberg, New York City, for defendant Prudential Ins. Co. of America.

Richard R. Lutz, Joan B. Gross, Townley & Updike, New York City, for defendant John Hancock Variable Life Ins. Co.

OPINION AND ORDER

MUKASEY, District Judge.

Plaintiffs seek to recover life insurance proceeds of five policies issued by defendants to an insured who plaintiffs allege died in a car accident in Haiti. Jurisdiction is based on diversity of citizenship. 28 U.S.C. § 1332.

Defendants dispute that the insured is dead and move for a summary judgment that plaintiffs may not collect proceeds from the policies now. Alternatively, defendants allege that...

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