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D'ALLESSANDRO v. DURHAM LIFE INS. CO.

503 Pa. 33 (1983)

467 A.2d 1303

Barbara Ann D'ALLESSANDRO, Appellee, v. DURHAM LIFE INSURANCE COMPANY, Appellant.

Supreme Court of Pennsylvania.

Decided December 6, 1983.

Reargument Denied January 20, 1984.

Attorney(s) appearing for the Case

Hugh M. Emory, Paoli, for appellant.

William E. Benner, Doylestown, for appellee.

Before ROBERTS, C.J., and NIX, LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON and ZAPPALA, JJ.

OPINION OF THE COURT

FLAHERTY, Justice.

The sole issue presented is whether an insurance company is barred from using false statements in an application for life insurance to defend against a claim under the insurance policy where the policy provides that such a statement may not be used to contest a claim "unless a copy of the instrument containing the statement has been furnished to the person making the claim" and the insurance company furnished a copy...

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