Unterberger v. LIFE ASSUR. CO. OF PA.

This is an action in assumpsit, brought by appellants as trustees under the will of Herbert Unterberger to recover under an insurance policy issued by appellee on Unterber-ger’s life. Appellee refused payment on the ground that in applying for the policy, Unterberger misrepresented his medical history. The appeal must be quashed.

The lower court heard the case without a jury. On March 30,1979, the lower court’s finding for appellee was docketed. On April 11, on appellee’s praecipe, judgment was entered. On April 19 appellants moved for leave to file exceptions nunc pro tunc. On June 11 the…