Horowitz v. Federal Kemper Life Assurance Co.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this diversity case, the plaintiffs asserted that Federal Kemper Life Assurance Company’s refusal to pay the proceeds of a life insurance policy to plaintiff Dona W. Horowitz was a breach of contract and violated Pennsylvania’s Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1 et seq., and Pennsylvania’s bad faith statute, 42 Pa.C.S.A. § 8371.

We are called upon to determine whether Federal Kemper “attached” an application amendment to the policy within the meaning of section 441 of Pennsylvania’s Insurance Company Law of 1921,…