ISAAC v. CONTINENTAL CAS. CO.


442 Pa. 480 (1971)

Isaac, Appellant, v. Continental Casualty Company.

Supreme Court of Pennsylvania.

April 22, 1971.


Attorney(s) appearing for the Case

E. Jerome Brose, with him Karl K. LaBarr, Jr., and Brose, Poswistilo & LaBarr, for appellant.

Stanley E. Stettz, with him Fackenthal, Teel & Stettz, for appellee.

Before JONES, EAGEN, O'BRIEN, ROBERTS, POMEROY and BARBIERI, JJ.


OPINION BY MR. JUSTICE O'BRIEN, April 22, 1971:

Appellant, Ralph Isaac, brought an action of assumpsit seeking to recover on a sickness and accident indemnity policy issued by appellee insurance company. The company defended on the grounds that the appellant had procured a second policy and, therefore, appellant had no right to recover on the first policy. At the conclusion of a jury trial held to decide the issue, the court submitted to the jury the following special...

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