Burne v. Franklin Life Insurance

Opinion by

Mr. Justice Roberts,

This is an appeal from the order of the Court of Common Pleas of Lackawanna County denying plaintiff-appellant’s motion for summary judgment and from the judgment entered below in favor of defendant-insurance company, upon said defendant’s motion for summary judgment. The action below, in assumpsit, was for the recovery of the accidental (double indemnity) death benefits of a life insurance policy, of which appellant is the beneficiary. For the reasons set out below, we reverse.

In 1919, defendant-appellee issued to the insured (appellant’s husband) a life…