Cipriani, Marie v. Sun Life Insurance Co. Of America v. Cipriani, Margaret. Appeal of Sun Life Insurance Co. Of America

OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Sun Life Insurance Company of America (“Sun Life”) appeals from the district judge’s Opinion and Order, finding in favor of plaintiff, Marie Cipriani, and entering judgment against defendant and third-party plaintiff, Sun Life. 581 F.Supp. 1222. The district judge excluded certain evidence offered by Sun Life under the Pennsylvania Dead Man’s Act, 42 PA. CONS. STAT. § 5930 (1978), and found that the admissible evidence in this case did not show that the insured decedent, Edward Cipriani, had substantially complied with the…