Opinion
Two separate actions against different insurers on separate policies. The defendant in each case moved that trial be held jointly with trial in the other case. The District Court, Watson, Chief Judge, held that since the provisions as to permanent and total disability were not the same in each policy, and the trials were to be jury trials, the motions would be denied.
Motions denied.
Louis A. Fine, Honesdale, Pa., Nogi, O'Malley & Harris, Scranton, Pa., for Holbert.
Edward W. Warren (of O'Malley, Harris, Warren & Hill), Scranton, Pa., for Aetna Life Ins. Co. of Hartford, Conn.
Welles & Mackie, Scranton, Pa., for Prudential Ins. Co. of America.
WATSON, Chief Judge.
The defendant in each case has moved that the trial in that case be held jointly with the trial in the other case. In each case the plaintiff has filed an answer to the motion.
After carefully studying the pleadings and the terms of the insurance policy in each case, I have reached the conclusion that as the trials are to be jury trials and the provisions as to permanent and total disability are not the same in each policy, the motions for a joint trial of the cases should be denied, and, therefore, said motions are hereby denied.