387 F.2d 935 (3rd Cir. 1968), 16581, Gray v. Occidental Life Ins. Co. of Cal.

Docket Nº:16581.
Citation:387 F.2d 935
Party Name:William P. GRAY, Appellant, v. OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA.
Case Date:January 08, 1968
Court:United States Courts of Appeals, Court of Appeals for the Third Circuit

Page 935

387 F.2d 935 (3rd Cir. 1968)

William P. GRAY, Appellant,

v.

OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA.

No. 16581.

United States Court of Appeals, Third Circuit.

January 8, 1968

Argued Nov. 20, 1967.

William P. Gray, pro se.

Joseph E. Irenas, McCarter & English, Newark, N.J. (Eugene M. Haring, Newark, N.J., on the brief), for appellee.

Before HASTIE, FREEDMAN and VAN DUSEN, Circuit Judges.

OPINION

PER CURIAM.

The district court granted defendant's motion to dismiss the complaint for lack of jurisdiction and ordered dismissal without prejudice on the merits.

The cause of action, set out by a pro se pleader, is founded on a claim for payments under what appears to be a disability policy by defendant to plaintiff.

Page 936

The complaint alleges that plaintiff suffered an infection of one of his toes while he was in Paris, France, and when he returned to the United States attempted to obtain from defendant his 'insurance compensation' but was told that no more than $67.85 would be paid to him unless he produced an affidavit signed by a French physician attesting to the fact that he had fully recovered. After he obtained such an affidavit defendant again 'refused to honor' its 'obligation'. Plaintiff returned to the United States and sought to obtain payment from defendant or to effect a settlement, all without avail. The complaint then goes on to say that since returning to the United States plaintiff has had a recurrence of 'foot involvement' of the other foot.

Damages are sought in the amount of $25 weekly from March 7, 1965, 'until settlement', with interest, and in addition $25,000 as punitive damages 'for the aggravated inconveniences and harassments created by the wilful breach of contract' by the defendant. The complaint also demands the price of one first class roundtrip fare from Chicago to Paris.

Jurisdiction is dependent upon diversity of citizenship of the parties and an amount in controversy exceeding $10,000, exclusive of interest and costs. Defendant contended that neither of these conditions was met, but the district court's order does not indicate which ground it accepted, or whether it held both of them well-founded.

As to the amount in controversy, the complaint was filed on November 29, 1966, and the accumulated payments of $25 weekly from March 7, 1965 until that date, if...

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