MILLER v. PRUDENTIAL INS.


239 Pa.Super. 467 (1976)

Miller, Appellant, v. The Prudential Insurance Company of America.

Superior Court of Pennsylvania.

March 29, 1976.


Attorney(s) appearing for the Case

Richard M. Goldberg, with him Joseph J. Heston, and Hourigan, Kluger & Spohrer Associates, for appellant.

S. Keene Mitchell, Jr., with him Darling & Mitchell, for appellee.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.


OPINION BY HOFFMAN, J., March 29, 1976:

This is an action in assumpsit to recover medical benefits allegedly due under the terms of a medical insurance policy. Appellant contends that the lower court improperly granted the appellee's motion for judgment on the pleadings.

On November 2, 1972, the appellant, Harvey Miller, applied for a "Major Medical Expense Policy" with the appellee, The Prudential Insurance Company of America (Prudential). The application...

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