Ferguson v. Penn Mutual Life Insurance Co. of Philadelphia

Mr. Presiding Justice John J. Sullivan

delivered the opinion of the court.

This appeal seeks to reverse the order of the trial court which sustained defendant’s motion to dismiss plaintiff’s statement of claim.

Plaintiff, Mabel M. Ferguson, individually and as administratrix of the estate of Peter Ferguson, deceased, brought this action against defendant, the Penn Mutual Life Insurance Company of Philadelphia, to recover disability benefits and premiums claimed to be due and owing under the terms of two policies of insurance issued by defendant to the decedent.

The statement of claim alleged…