Pennsylvania National Bank & Trust Co. v. American Home Assurance Co.

MEMORANDUM AND ORDER

TROUTMAN, District Judge.

Sugar Dust, a standardbred racehorse on which plaintiff’s decedent purchased a one-year mortality insurance policy from defendant, became ill several months later. When Sugar Dust failed to respond to fluid and electrolyte therapy plaintiff contacted a veterinary surgeon who performed exploratory surgery and found a perforated colon and fecal peritonitis throughout the abdominal cavity. With plaintiff’s permission she “humanely destroyed” the animal. Defendant denied plaintiff’s $130,000 claim under the insurance policy contending that the horse…