Legal Opinion
Burkert v. Equitable Life Assurance Society of America
Court of Appeals for the Third Circuit
Decided April 25, 2002No. 01-1846PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
NYGAARD, Circuit Judge.
Appellee, The Equitable Life Assurance Society of America, canceled a $1 million dollar insurance policy on the life of Seth Jamison because he lied about his drug and alcohol use and treatment in his application. These misrepresentations were discovered in a routine investigation after Seth Jamison died as a result of an overdose of heroin and cocaine. Appellants, Grace Burkert and Jacob Jamison, argue that the critical items of evidence — treatment records of Decedent’s marriage counselor and another psychologist — are inadmissible and should not…
2Cases cited19 opinions
- Coolspring Stone Supply, Inc. v. American States Life Insurance CompanyCourt of Appeals for the Third Circuit · 1993
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Commonwealth v. CountermanSupreme Court of Pennsylvania · 1998
- Kiewit Eastern Co., Inc. v. L & R Construction Co., Inc.Court of Appeals for the Third Circuit · 1995
- Cohen v. Jenkintown Cab Co.Superior Court of Pennsylvania · 1976
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3Cited by3 opinions
- Jeffrey Justofin v. Metropolitan Life Insurance Co.Court of Appeals for the Third Circuit · 2004
- Justofin v. Metropolitan Life InsuranceCourt of Appeals for the Third Circuit · 2004
- Grace Burkert v. The Equitable Life Assurance Society of America v. Jacob Jamison, a Minor, by and Through His Natural Parent and Guardian Cosima Jamison, Third-Party Grace Burkert and Jacob Jamison, a Minor, by and Through His Parent and Guardian Cosima JamisonCourt of Appeals for the Third Circuit · 2002