Kearns v. Philadelphia Life Insurance

TAMILIA, Judge:

Appellant, George E. Kearns, Jr., appeals from the May 24, 1990 en banc Order granting appellee/Philadelphia Life Insurance Company’s (hereinafter PLI) motion for judgment notwithstanding the verdict, thereby disallowing appellant payment on two $100,000 life insurance policies issued by appellee on appellant’s wife.

In August, 1980, appellant’s wife, Wilhelmina, underwent a hysterectomy for an ovarian cyst which was later ascertained to be malignant. 1 As physicians had advised appellant the encapsulated malignant cells had been fully excised, appellant and his daughter asked…