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FRANKLIN L. INS. CO. v. FRANCHOCK

202 Pa.Super. 438 (1963)

Franklin Life Insurance Company, Appellant, v. Franchock.

Superior Court of Pennsylvania.

December 13, 1963.

Attorney(s) appearing for the Case

B. Patrick Costello, with him Smith, Best & Horn, for appellant.

Ned J. Nakles, with him Gene E. McDonald, for appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.

OPINION BY FLOOD, J., December 13, 1963:

The plaintiff insurance company, seeking rescission of an insurance policy issued on the life of Michael M. Franchock, alleged that it issued the policy in reliance upon the statements and representations made to the plaintiff's examining physician by Franchock fraudulently and in bad faith. The chancellor found that Franchock was not aware of the conditions which he did not disclose in those answers and that there was no bad...

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