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MONARCH LIFE INS. CO. v. DONAHUE

Civ. A. No. 88-6509.

702 F.Supp. 1195 (1989)

MONARCH LIFE INSURANCE CO. v. Mary Ellen DONAHUE, Executrix of the Estate of Ricky Donahue, Mary Ellen Donahue, in her own right and as Guardian for her minor son, Joshua Donahue and Joshua Donahue v. MERRILL LYNCH, PIERCE, FENNER & SMITH, INC.

United States District Court, E.D. Pennsylvania.

January 13, 1989.

Attorney(s) appearing for the Case

Alan K. Cotler, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for plaintiff.

Dennis S. Feeley, Cohen, Knaso, Feeley & Ortwein by Michael P. Shay, Easton, Pa., for defendants Mary Donohue, et al.

C. Clark Hodgson, Jr., Stradley, Ronon, Stevens & Young by Stephen C. Baker, Philadelphia, Pa., for defendants Merrill, Lynch, Pierce, Fenner & Smith, Inc.

MEMORANDUM AND ORDER

KATZ, District Judge.

Background

In 1986, plaintiff Monarch Life Insurance Company ("Monarch") issued to Ricky Donahue a life insurance policy in the face amount of $179,518. The policy was issued on the basis of an application submitted by Donahue in October, 1986. Donahue, who suffered from numerous medical problems, died in December, 1987. Alleging that Donahue knowingly falsely and materially misrepresented the state...

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