YOUNG BY YOUNG v. EQUITABLE LIFE, ETC.


350 Pa.Super. 247 (1986)

504 A.2d 339

Martha S. YOUNG, an Incompetent, by Clifford A. YOUNG, Her Guardian v. The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, Appellant.

Supreme Court of Pennsylvania.

Filed January 24, 1986.


Attorney(s) appearing for the Case

William J. Kubiak, Bradford, for appellant.

John H. Yoder, Smethport, for appellee.

Before SPAETH, President Judge, and ROWLEY and WIEAND, JJ.


OPINION OF THE COURT

ROWLEY, Judge:

Appellee instituted an assumpsit action seeking payment under a group health plan insurance policy issued by appellant. Appellant denied liability, relying upon a custodial care limitation contained in its policy. The case was tried non-jury on January 17, 1984 and on January 30, 1984 the trial judge entered a general finding in favor of appellee and against appellant. Appellant filed exceptions to the finding; however...

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