Baker v. Penn Mutual Life Insurance Co.

J. CURTISS BROWN, Chief Justice.

This is an appeal from a summary judgment for the defendant below in a suit to recover life insurance proceeds. The questions presented on appeal are whether material issues of fact existed concerning (1) the application of the insured’s earned dividends to prevent lapse of the policy and (2) the insurer’s waiver of the lapse.

On February 19,1976, Dr. Steven H. Baker (the insured) purchased life insurance coverage from The Penn Mutual Life Insurance Company (Penn Mutual), appellee. The insured named his parents, P. M. and M. E. Baker (the Bakers), appellants, as…