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HOROWITZ v. FEDERAL KEMPER LIFE ASSUR. CO.

Civ. A. No. 93-192.

861 F.Supp. 1252 (1994)

Dona W. HOROWITZ, et al., Plaintiffs, v. FEDERAL KEMPER LIFE ASSURANCE CO., Defendant.

United States District Court, E.D. Pennsylvania.

August 30, 1994.

Attorney(s) appearing for the Case

James E. Beasley and Barbara R. Axelrod, Beasley, Casey, Colleran, Erbstein, Thistle & Kline, Philadelphia, PA, for plaintiffs.

Dean F. Murtagh and John P. Shusted, German, Gallagher & Murtagh, Philadelphia, PA, for defendant.

MEMORANDUM

EDUARDO C. ROBRENO, District Judge.

This case stems from the decision of defendant Federal Kemper Life Assurance Company ("Federal Kemper") not to pay the proceeds of a million dollar life insurance policy, taken out by Dr. Leonard N. Horowitz a few months before his death. Federal Kemper contends that Dr. Horowitz committed fraud by failing to disclose in an amendment to his application that he was dying of cancer. Plaintiff Dona Horowitz, Dr...

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