Daino v. Atlantic Refining Co.

Alexander, J.,

— This is an action in assumpsit. It involves the conflicting claims of Rose F. Daino, claimant, and Saveria Mazzara Daino, inter-pleaded claimant, to the proceeds of a group life insurance policy which are admitted by defendants to be due and payable to the lawful beneficiary of the policy.

At the conclusion of the pleadings in the matter, defendants moved the court for judgment pursuant to Pa. R. C. P. 1034, stating that the dispute of claimants could be decided on the pleadings as a matter of law.

Defendants’ motion was granted. Judgment was entered in favor of the interpleaded…