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BURNE v. FRANKLIN LIFE INS. CO.

451 Pa. 218 (1973)

Burne, Appellant, v. Franklin Life Insurance Company.

Supreme Court of Pennsylvania.

Reargument November 16, 1972.

March 16, 1973.

Attorney(s) appearing for the Case

Joseph E. Gallagher, with him O'Malley, Morgan, Bour & Gallagher, for appellant.

J. Charles Hanahue, with him Warren, Hill, Henkelman & McMenamin, for appellee.

Before JONES, C.J., EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

OPINION BY MR. JUSTICE ROBERTS, March 16, 1973:

This is an appeal from the order of the Court of Common Pleas of Lackawanna County denying plaintiff-appellant's motion for summary judgment and from the judgment entered below in favor of defendant-insurance company, upon said defendant's motion for summary judgment. The action below, in assumpsit, was for the recovery of the accidental (double indemnity) death benefits of a life insurance policy, of which appellant...

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