Bremmer v. Protected Home Mutual Life Insurance

Opinion by

Mr. Justice Eagen,

This is an action in assumpsit to recover the proceeds claimed to be due on a life insurance policy issued by the defendant insurance company. The court below entered a summary judgment in favor of the defendant, following a motion therefor, pursuant to Rule 1035, Pa. R. Civ. P. The plaintiff appeals.

On or about September 12, 1967, August M. Bremmer applied to the defendant for a life insurance policy. On September 18th, he Avas examined by a physician selected by the defendant, and the policy requested was issued. The policy provided, in part, that it could not be…