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GILLESPIE v. EQUITABLE LIFE ASSUR. SOCY. OF THE UN

June 4, 1957

Elizabeth Golembiewski GILLESPIE, Plaintiff,
v.
The EQUITABLE LIFE ASSURANCE SOCIETY OF The UNITED STATES, Defendant



The opinion of the court was delivered by: MCILVAINE

The above-entitled cause came on regularly for trial and the Court having duly considered the evidence and being fully advised in the premises now finds the following:

Findings of Fact

 1. Elizabeth Golembiewski Gillespie, the plaintiff, is a resident of the City of Arnold, Westmoreland County, Pennsylvania.

 2. The defendant, The Equitable Life Assurance Society of the United States, if a corporation having its principal office in the City of New York, State of New York.

 3. On March 1, 1949, the defendant, for the consideration therein set forth, issued its written contract of Insurance Group Policy No. 9550, Certificate No. 26E-738 for $ 3,000 to Waclaw Golembiewski, therein named as the insured and agreed to pay the sum of $ 3,000 in the event the insured died of natural causes and the sum of $ 3,000 in the event the insured died of an accidental death, to the plaintiff after receipt of proofs of death of the insured.

 4. On or about March 1, 1953, the Equitable Life Assurance Society of the United States changed the amount of the insurance under Certificate No. 26E-738 issued to W. Golembiewski as of March 1, 1953, to $ 4,000 subject to the terms and conditions of the Group Insurance Policy mentioned in the individual certificate.

 5. The premium stated in the policy was paid to the defendant.

 6. The said policy of insurance was in full force and effect on April 15, 1953.

 7. Waclaw Golembiewski died on April 15, 1953.

 8. Waclaw Golembiewski had been in good health prior to his death on April 15, 1953.

 9. Waclaw Golembiewski fell down the stairs leading to a second floor apartment at 1717 Fifth Avenue, Arnold, Westmoreland County, Pennsylvania on April 15, 1953.

 10. In the fall down the stairs, Waclaw Golembiewski sustained a fractured skull.

 11. Waclaw Golembiewski died as a result of a fractured skull sustained in the said fall.

 12. Written notice of the fatal accident to Waclaw Golembiewski was given to the defendant at New York in accordance ...


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