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BELEY v. PENNA. MUTUAL LIFE INS. CO.

171 Pa.Super. 253 (1952)

Beley, Appellant, v. Pennsylvania Mutual Life Insurance Co.

Superior Court of Pennsylvania.

July 17, 1952.

Attorney(s) appearing for the Case

Samuel J. Goldstein, with him Herbert Jacobson, for appellant.

Thomas Lewis Jones, for appellee.

Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS and GUNTHER, JJ. (ARNOLD, J., absent).

OPINION BY DITHRICH, J., July 17, 1952:

In this case a policy of insurance, issued on the life of Andrew Beley, provided in part as follows: "In the event that the Insured engages in military or naval service in the time of war, the liability of the Company shall be limited to the return of the premiums paid . . ., unless the Insured shall have previously secured from the Company a permit to engage in such service. . . .

"Risks Not Assumed: — The Company...

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