Bergthold v. Insurance Co. of Pennsylvania

HOWARD, Chief Judge.

This is an action by appellants, owners of an Arabian mare, to collect on a livestock mortality policy after the animal’s death. The pertinent facts are as follows.

Patricia Bergthold and Frank Woodruff purchased an insurance policy on the life of their mare, Merriment, from appellee, Insurance Company of the State of Pennsylvania. The policy was to be effective for a period of one year commencing on April 3, 1973 and terminating on April 3, 1974. It contained a thirty-day extension clause on the following terms:

“Provided this is an annual policy, the company agrees to…