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HOROWITZ v. FEDERAL KEMPER LIFE ASSUR. CO.

Nos. 94-1900, 94-1901.

57 F.3d 300 (1995)

Dona W. HOROWITZ, individually and as co-executrix of the estate of Leonard N. Horowitz, deceased; Alfred Camner, co-executor of the estate of Leonard N. Horowitz, deceased, v. FEDERAL KEMPER LIFE ASSURANCE COMPANY, Appellant in No. 94-1900. Dona W. HOROWITZ, individually and as co-executrix of the estate of Leonard N. Horowitz, deceased; Alfred Camner, co-executor of the estate of Leonard N. Horowitz, deceased, Appellants in No. 94-1901, v. FEDERAL KEMPER LIFE ASSURANCE COMPANY.

United States Court of Appeals, Third Circuit.

Decided June 7, 1995.

Attorney(s) appearing for the Case

Dean F. Murtagh (Argued), John P. Shusted, German, Gallagher & Murtagh, Philadelphia, PA, for appellant in No. 94-1900, appellee in No. 94-1901.

James E. Beasley, Barbara R. Axelrod (Argued), Beasley, Casey, Colleran, Erbstein, Thistle & Kline, Philadelphia, PA, for cross-appellants in No. 94-1901, appellees in No. 94-1900.

Rita M. Theisen, LeBoeuf, Lamb, Grene & MacRae, Washington, DC (Phillip E. Stano, Richard E. Barnsback, American Council of Life Ins., of counsel), for amicus-appellant in No. 94-1900, amicus-appellee in No. 94-1901.

Before: SLOVITER, Chief Judge, MANSMANN and ALITO, Circuit Judges.

OPINION OF THE COURT

MANSMANN, Circuit Judge.

In this diversity case, the plaintiffs asserted that Federal Kemper Life Assurance Company's refusal to pay the proceeds of a life insurance policy to plaintiff Dona W. Horowitz was a breach of contract and violated Pennsylvania's Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1 et seq., and Pennsylvania's bad faith statute, 42 Pa.C.S.A. § 8371.

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