Miller v. Prudential Insurance Co. of America

Opinion by

Hoffman, J.,

This is an action in assumpsit to recover medical benefits allegedly due under the terms of a medical insurance policy. Appellant contends that the lower court improperly granted the appellee’s motion for judgment on the pleadings.

On November 2, 1972, the appellant, Harvey Miller, applied for a “Major Medical Expense Policy” with the appellee, The Prudential Insurance Company of America (Prudential). The application, filed with Prudential’s agent, Martin Birnbaum, required the applicant to disclose whether he was covered under other medical expense policies with…