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NEW YORK LIFE INS. CO. v. JOHNSON

No. 90-1406.

923 F.2d 279 (1991)

NEW YORK LIFE INSURANCE COMPANY, Appellant, v. Lawrence T. JOHNSON, Sr., Executor of the Estate of Kirk Johnson; Lawrence T. Johnson, Sr., In His Own Right, Appellees.

United States Court of Appeals, Third Circuit.

Decided January 15, 1991.

Attorney(s) appearing for the Case

Alan K. Cotler (argued), Christopher M. Arfaa, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellant.

Wallace L. Walker (argued), Eileen Epley, Philadelphia, Pa., for appellees.

Before SLOVITER, MANSMANN, Circuit Judges, and DEBEVOISE, District Judge.

OPINION OF THE COURT

DEBEVOISE, District Judge.

This is an appeal from the district court's dismissal of the complaint of plaintiff/appellant New York Life Insurance Company ("New York Life"). Pursuant to 28 U.S.C. § 2201, New York Life had sought a judgment declaring that a $50,000 insurance policy it had issued on the life of Kirk Johnson, the deceased son of defendant/appellant Lawrence T. Johnson, Sr. ("Mr. Johnson"), was void ab initio because...

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