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McAVOY V. BRICK CO. v. N. AM. LIFE ASSUR. CO.

395 Pa. 75 (1959)

McAvoy Vitrified Brick Company v. North American Life Assurance Company, Appellant.

Supreme Court of Pennsylvania.

March 16, 1959.

Attorney(s) appearing for the Case

Owen B. Rhoads, with him William H. Lowery, and Barnes, Dechert, Price, Myers & Rhoads, for appellant.

J.B.H. Carter, with him Francis E. Shields, Francis H. Scheetz, and Pepper, Bodine, Frick, Scheetz and Hamilton, for appellee.

Before JONES, C.J., BELL, MUSMANNO, JONES, COHEN and McBRIDE, JJ.

OPINION BY MR. CHIEF JUSTICE JONES, March 16, 1959:

This appeal is from a judgment in favor of the plaintiff company in the sum of $243,202.31, entered by the court below in an action of assumpsit based on an alleged contract of interim insurance on the life of Thomas B. McAvoy. The plaintiff company of which Mr. McAvoy was president was the designated beneficiary in his application to the defendant company for insurance. McAvoy submitted to the required physical...

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