Rosmondo v. Life Insurance Co. of North America

I dissent. This case arises under Pa. Rule of Civil Procedure 1033 relating to the amendment of pleadings. The relevant facts are as follows. On November 27, 1978, Donald A. Rosmondo, Jr. enrolled in an Accidental Death and Dismemberment Group Policy with Life Insurance Company of America and authorized his employer to deduct from his salary the required premium. The face amount of the policy was $200,000.00 and the named beneficiary was his father, Donald A. Rosmondo. On May 5, 1979, Donald Rosmondo, Jr., died as the result of injuries received in an automobile accident.

On May 3, 1985,…