Appeal, No. 118, April T., 1956, from judgments of Court of Common Pleas of Allegheny County Oct. T., 1952, No. 278, in case of Annie May White and Annie May White, Administratrix of estate of General George White, deceased, v. The Equitable Life Assurance Society of the United States and National Tube Company, now United States Steel Corporation. Judgments affirmed. Assumpsit. Before KENNEDY, J. Judgments of compulsory non-suit entered; plaintiff's motion to take off non-suit is refused. Plaintiff appealed.
Samuel J. Goldstein, for appellant.
Thomas Lewis Jones, for insurer, appellee.
P. K. Motheral, with him Reed, Smith, Shaw & McClay, for employer, appellee.
Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Carr, JJ.
[ 181 Pa. Super. Page 588]
General George White, as an employe of the National Tube Company was insured under a group life and health policy and a certificate issued thereunder in the sum of $2000 together with disability insurance for a period of 26 weeks at the rate of $26 per week.
He ceased active employment with the tube company on September 10, 1950. Eight days thereafter he filed a claim for disability benefits under the provisions of the above policy. In the proof of loss his physician certified that he was suffering from "flu". In subsequent claims the physician certified White was suffering from hypertension and hypertension cardiac asthma. The Tube Company issued drafts for disability benefits for a period of 6 weeks ending October 29, 1950. The November contribution continuing the insurance in force for White was deducted from the draft issued on October 20, 1950.
There is testimony that White's services were terminated on November 9, 1950 after a company investigator returned White's employment badge with a report, and that notice of termination of his employment was mailed to White and not returned to the company by the post office. The company records show "reason for termination - quit - not reporting."
A relative of White requested additional proof of loss forms from the Tube Company in order to secure additional disability benefits and was refused them on the ground that he was no longer an employe. Thereafter
[ 181 Pa. Super. Page 589]
White made no apparent effort to contact his employer or the insurance company. There is no evidence that thereafter he ever claimed to be an employe of the tube ...