District Court, S.D. New York July 9, 1986, 85 Civ. 3695(PKL) (Francis v. INA Life Ins. Co. of New York)

LEISURE, District Judge:

James Francis, Jr. commenced this action in New York County Supreme Court to recover under an insurance policy written by INA Life Insurance Company of New York (“LICONY”). LICONY removed the action to this court on the basis of diversity jurisdiction pursuant to 28 U.S.C. § 1332. Each party has moved for summary judgment.