Massachusetts Mut. Life Ins. Co. v. Ludwig, 426 U.S. 479 (1976)

ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED

STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT

Syllabus

In a diversity action by respondent administrator against petitioner insurer for recovery under the double indemnity provision of a life insurance policy issued in Michigan to respondent’s decedent, who was killed in Illinois, the District Court ruled that, under Illinois conflict of laws rules, Michigan substantive law applied, and that, under that law, petitioner was liable only for ordinary benefits. On respondent’s appeal, the Court of Appeals reversed the judgment that, under Michigan law petitioner was liable only for ordinary benefits, and also held that petitioner’s failure to cross-appeal precluded it from arguing that Illinois law applied, under which it would also be liable only for ordinary benefits.

Held: The Court of Appeals erred because petitioner’s argument was no more than "an attack on the reasoning of the lower court," and, as such, required no cross-appeal. United States v. American Ry. Exp. Co., 265 U.S. 425, 435.

Certiorari granted; 524 F.2d 376, vacated and remanded.