BOYD v. NAT. LIBERTY LIFE INS. CO.

No. 202.

50 Pa. D. & C. 2d 272 (1970)

Boyd v. National Liberty Life Insurance Company

Common Pleas Court of Mercer County, Pennsylvania.

July 19, 1970.


Attorney(s) appearing for the Case

Marc L. Marks, for plaintiff.

Donald R. McKay, for defendant.


ACKER, J., July 19, 1970.

Must a plaintiff in an action in assumpsit upon an insurance policy allege that the loss of an eye resulted within the 90-day period specified in the policy to state a cause of action? This is the issue which has been raised by demurrer in this action.

Plaintiff alleges that through an insurance policy, which is attached to the complaint, defendant owes to plaintiff $2,500, plus interest, for failure to pay for the loss of the sight...

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