CURCIO v. JOHN HANCOCK MUT. LIFE INS. CO.

Nos. 93-7545, 93-7556.

33 F.3d 226 (1994)

Marita L. CURCIO; The Estate of Frederick Curcio, III v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY; Capital Health Systems John Hancock Mutual Life Insurance Company ("John Hancock"), Appellant in No. 93-7545, Marita L. CURCIO; The Estate of Frederick Curcio, III v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY; Capital Health Systems Marita L. Curcio, Individually and as Executrix of the Estate of Frederick Curcio, III, Appellant in No. 93-7556.

United States Court of Appeals, Third Circuit.

Decided August 17, 1994.


Attorney(s) appearing for the Case

Michael D. Fishbein (argued), Levin, Fishbein, Sedran & Berman, Philadelphia, PA, for appellee/cross appellant Marita L. Curcio.

James K. Thomas, II, Richard C. Seneca (argued), Thomas, Thomas & Hafer, Harrisburg, PA, for appellee CAP Health Systems.

Alan R. Boynton, Jr., (argued), McNees, Wallace & Nurick, Harrisburg, PA, for appellant.

Before: MANSMANN and LEWIS, Circuit Judges and McKELVIE, District Judge.


OPINION OF THE COURT

MANSMANN, Circuit Judge.

Frederick Curcio, III, M.D., died in an automobile accident while employed as a full time physician at Harrisburg Hospital, which is owned by Capital Health Systems. Capital Health sought to provide to its employees basic life insurance coverage and basic accidental death and dismemberment coverage through John Hancock Mutual Life Insurance Company. Marita L. Curcio,...

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