SHIPLEY v. OHIO NATIONAL LIFE INSURANCE CO.

No. 13611.

296 F.2d 728 (1961)

Carl SHIPLEY, Administrator of the Estate of Robert W. Liggitt, Deceased, and Marjorie D. Liggitt, in Her Own Right, and Marjorie D. Liggitt, Natural Guardian of Judith A. Liggitt, a Minor, Appellants, v. OHIO NATIONAL LIFE INSURANCE CO.

United States Court of Appeals Third Circuit.

Decided December 8, 1961.


Attorney(s) appearing for the Case

Wray G. Zelt, 3d, Washington, Pa., for appellants.

Alexander Black, Pittsburgh, Pa. (John G. Buchanan, Jr., Charles C. Stilley, Buchanan, Ingersoll, Rodewald, Kyle & Buerger, Pittsburgh, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and KALODNER and STALEY, Circuit Judges.


PER CURIAM.

Plaintiffs brought suit to enforce an oral contract of insurance entered into by decedent with a soliciting agent allegedly acting on behalf of the defendant insurance company. Jurisdiction was based on diversity of citizenship, and Pennsylvania law controlled.

In the district court, plaintiffs contended that the oral contract provided interim coverage until defendant processed decedent's application for permanent coverage and issued a policy....

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