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SYME v. BANKERS NAT. LIFE INS. CO.

393 Pa. 600 (1958)

Syme, Appellant, v. Bankers National Life Insurance Company.

Supreme Court of Pennsylvania.

July 25, 1958.

Attorney(s) appearing for the Case

Sigmund H. Steinberg, with him Samuel P. Lavine, and Blanc, Steinberg, Balder & Steinbrook, for appellant.

Owen B. Rhoads, with him William H. Lowery, and Barnes, Dechert, Price, Myers & Rhoads, for appellee.

Before JONES, C.J., BELL, MUSMANNO, ARNOLD, JONES and COHEN, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, July 25, 1958:

This action in assumpsit is based on a policy of insurance issued by the defendant company on March 15, 1955, on the life of M. Herbert Syme who died on August 17, 1956. The company refused to pay the benefits stipulated in the policy on the ground that it was fraudulently obtained. The named beneficiaries thereupon instituted the present action in order to recover on the contract.

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