Schifalacqua v. CNA Ins.

OPINION OP THE COURT

SEITZ, Chief Judge.

CNA Insurance and Continental Casualty Company (hereinafter “CNA” collectively), defendants below, appeal from the district court’s judgment that they are precluded from denying that plaintiff’s policy was in effect at the time of the accident in issue. The District Court for the Eastern District of Pennsylvania, sitting in diversity and applying Pennsylvania law, held that because CNA accepted plaintiff’s late premium payment and thereafter routinely processed a change of beneficiary form it is now estopped to deny liability under the policy.…