Del Vecchio v. Conseco, Inc.
United States Court of Appeals for the Seventh Circuit
230 F.3d 974 (7th Cir. 2000)
Elio Del Vecchio (plaintiff) traded in a $5,000 whole life insurance policy for a $10,000 universal life policy, believing he could do so at no cost. Del Vecchio sued Conseco, Inc., Bankers National Life Insurance Company, and Great American Reserve Insurance Policy (defendants) for fraud under Indiana law on behalf of himself and other purchasers. Del Veccio claimed the federal court had diversity jurisdiction under 28 U.S.C. § 1332, because diversity of citizenship existed and the amount in controversy for all plaintiffs was greater than $75,000. The defendants moved for summary judgment on the ground that Del Veccio’s claims were barred by the statute of limitations. The court granted the motion, and Del Vecchio appealed. The United States Court of Appeals for the Seventh Circuit questioned the validity of federal jurisdiction and requested supplemental briefings on the issue. In his supplemental briefing, Del Vecchio asserted that punitive damages were available and the amount in controversy requirement was therefore satisfied.
Rule of Law
Holding and Reasoning (Wood, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.