Kimmel v. Nationwide Life Insurance

HESS, J.,

- Clair Kimmel filed a complaint on January 6, 1989, seeking consequential damages arising from Nationwide’s failure to pay on his loan obligation to Commonwealth National Bank while he was disabled. Nationwide filed preliminary objections in the nature of a demurrer, asserting that Pennsylvania law does not permit an insurance policy beneficiary to recover consequential damages when an insurer wrongfully withholds coverage. There is no Pennsylvania appellate authority on point.

The complaint contains the following averments. Nationwide issued a creditor’s group disability insurance…