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LIGO v. CONTINENTAL CAS. CO.

February 17, 1972

JULIA G. LIGO, Plaintiff,
v.
CONTINENTAL CASUALTY COMPANY, Defendant


Marsh, Chief Judge.


The opinion of the court was delivered by: MARSH

MARSH, Chief Judge.

In this action, the Administratrix of the Estate of J. Edwin Ligo, deceased, seeks to recover $50,000 pursuant to a special hazards group life insurance policy issued to the McDowell National Bank of Sharon, Pennsylvania, by Continental Casualty Company, the defendant. The policy insured the lives of employees and officers of the bank against certain risks and travel while on the business of the bank. After non-jury trial, the court makes the following:

 FINDINGS OF FACT

 1. The special hazards group life insurance policy issued by the defendant to the McDowell National Bank of Sharon insured the lives of "ALL ACTIVE, FULLTIME OFFICERS, MANAGERS, AND OTHER EMPLOYEES OF THE HOLDER BANK, BETWEEN THE AGES OF 18 AND 69 * * *." Officers and managers were designated in the policy as Class I Insured Persons, and other employees as Class II Insured Persons.

 2. The policy was issued on December 22, 1969, and was in full force and effect on June 16, 1970.

 3. The sum payable under the policy upon the death of a Class I Insured Person was $50,000, and the sum payable upon the death of other employees was $10,000.

 4. J. Edwin Ligo was appointed loan officer by the Board of Directors of the McDowell National Bank of Sharon on December 9, 1969, and continued in that position until his death on June 16, 1970.

 5. On June 16, 1970, J. Edwin Ligo was an active, full-time loan officer. His normal working hours were from 9:00 a.m. to 4:30 p.m., Monday through Friday, and from 9:00 a.m. to 12:00 noon on Saturday.

 6. On December 9, 1969, there were 23 officers of the bank, including J. Edwin Ligo, and there were the same number on December 22, 1969, the date the policy was issued.

 7. The policy was written on a blanket basis with the premium based on 23 officers and managers and 35 other employees.

 8. The place of regular work or employment of Ligo at all times material to this action was the main office of the bank in Sharon, Pennsylvania.

 9. The policy described the hazards insured against as follows:

 
"The hazards against which insurance is provided under this policy are, provided such hazards arise while the Insured Person is on the business of the Holder, injuries sustained in consequence of and during the course of any trip made by the Insured Person (excluding everyday travel to and from work and bona fide vacations).
 
"Such trip shall be deemed to have commenced when the Insured Person leaves his residence or place of regular employment for the purpose of going on such trip, whichever last occurs, and shall continue until such time as he returns to his residence or place of regular employment, whichever first occurs.
 
"* * *
 
"The term 'on the business of the Holder' as used in this policy, means any trip authorized by or at the direction of the Holder for the purpose of furthering the business of the Holder."

 10. At all times material to this action, the main office of the McDowell National Bank of Sharon was located at Chestnut and State Streets in Sharon, Pennsylvania. The bank maintains branch offices at various locations including one in the Borough of Mercer, Pennsylvania, and two in Hickory Township in Mercer County, one known as the Shenango Valley Mall office and the other known as the Hickory Plaza office.

 11. In September or October of 1969, it was important that bank deposit slips, withdrawal slips, mortgage applications, and other bank memoranda at the Shenango Valley Mall Office be delivered daily to the main office of the bank in Sharon, Pennsylvania. It was important that similar bank items be picked up from the Mercer branch bank once or twice a week and from the Hickory Plaza branch office about once a week and delivered to the main bank in Sharon. The messenger service was of importance to the bank since the branch banks had no bookkeeping departments, and ...


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