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McGOWAN v. PRUDENTIAL INSURANCE COMPANY OF AMERICA

No. 15978.

372 F.2d 39 (1967)

Lucretia McGOWAN v. The PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant.

United States Court of Appeals Third Circuit.

Decided January 30, 1967.

Attorney(s) appearing for the Case

William T. Marsh, Pittsburgh, Pa. (Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for appellant.

John J. Hickton, Pittsburgh, Pa. (McArdle, Harrington, Feeney & McLaughlin, Pittsburgh, Pa., on the brief), for appellee.

Before SMITH, FREEDMAN and SEITZ, Circuit Judges.

OPINION OF THE COURT

SEITZ, Circuit Judge.

This is a diversity action governed by Pennsylvania law. Plaintiff-widow is the beneficiary of a life insurance policy issued by the defendant Prudential Insurance Company of America to her husband on July 11, 1956. Upon her husband's death the defendant paid the face value but refused to pay the accidental death and optional family income benefits because of a default in premium payments. Plaintiff obtained a jury...

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