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BLAIR v. BERKSHIRE LIFE INSURANCE COMPANY

No. 17992.

429 F.2d 996 (1970)

Alice BLAIR, Appellant, v. BERKSHIRE LIFE INSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Decided July 20, 1970.

Attorney(s) appearing for the Case

Milford J. Meyer, Meyer, Lasch, Hankin & Poul, Philadelphia, Pa. (H. Lyle Houpt, Willow Grove, Pa., on the brief) for appellant.

George J. Miller, Dechert, Price & Rhoads, Philadelphia, Pa. (Harvey Bartle, III, Philadelphia, Pa., on the brief) for appellee.

Before BIGGS, ALDISERT and STAHL, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

On or about February 25, 1965, Berkshire Life Insurance Company, the defendant-appellee, delivered to Walter Blair in Pennsylvania an executed insurance policy on his life and received from him the required premium. His wife Alice Blair, the plaintiff-appellant, was named as beneficiary. Walter Blair died on May 1, 1965, of an acute coronary occlusion, and Berkshire refused on demand to pay the death benefit asserting...

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