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MELIKIAN v. LINCOLN NATIONAL LIFE INSURANCE COMPANY (01/21/58)

January 21, 1958

MELIKIAN
v.
LINCOLN NATIONAL LIFE INSURANCE COMPANY, APPELLANT.



Appeal, No. 271, Oct. T., 1957, from judgment of Municipal Court of Philadelphia, June T., 1954, No. 613, in case of Yegishe H. Melikian and Rev. Kourken Koudoulian, Executors of the Estate of Khatchig Panossian, deceased, v. Lincoln National Life Insurance Company. Judgment affirmed.

COUNSEL

John B. Hannum, 3rd, with him Richard J. van Roden, and Pepper, Bodine, Frick, Scheetz and Hamilton, for appellant.

James Francis Lawler, with him Ostroff, Anderson & Lawler, for appellees.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Gunther

[ 185 Pa. Super. Page 211]

OPINION BY GUNTHER, J.

This appeal arises out of an action of assumpsit submitted for decision by stipulation.

Khatchig Panossian was an employe of the Penn Surgical Manufacturing Company. The company obtained group insurance on its employes with Lincoln National Life Insurance Company, appellant. Under the plan this employe was insured for the sum of $1,000 under certificate No. 79. Panossian became ill during the fall of 1952 and did not report for work after October 9, 1952. Penn Surgical continued paying premiums on behalf of Panossian up to and including June 30, 1953. On May 22, 1953, the Company wrote Lincoln National requesting termination of his coverage listing October 9, 1952 as the last day of employment. Upon receipt of notice of date of termination of employment, defendant gave Penn Surgical a credit for premiums paid on behalf of Panossian back to October 31, 1952. Panossian died October 28, 1953. The certificate contained an extension of death benefits clause of one year. Judgment was rendered in favor of plaintiffs and this appeal followed.

The sole question before us is whether Lincoln National is obligated to pay the death benefit under the extension of death benefit clause contained in the certificate.

The clause reads as follows:

"3. Extension of Death Benefit. If, while the Policy is in force, due and satisfactory proof is furnished to the Company that the employment of the insured employee terminated on account of total disability from bodily injury or disease, which wholly prevented the employee from engaging in any and every business or occupation and from performing any and all work for compensation or profit, and that such disability was continuous from the date of termination of employment

[ 185 Pa. Super. Page 212]

    to the date of death of the employee and that such death occurred before the employee attained age sixty-five and within a period dating from such termination of employment not longer than the time such employee's insurance had been in force at the date of such termination of employment, but in no event longer than twelve months, then the amount of insurance on the life of the employee at the date of termination of employment shall be ...


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