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GOODWIN v. HARTFORD LIFE INS. CO.

January 8, 1973

GOODWIN, Plaintiff
v.
HARTFORD LIFE INSURANCE COMPANY, Defendant


Barron P. McCune, District Judge.


The opinion of the court was delivered by: MCCUNE

BARRON P. McCUNE, District Judge:

The plaintiff, the widow of Robert P. Goodwin, claims the proceeds of a life insurance policy which allegedly covered her deceased husband, Robert P. Goodwin, who died on November 28, 1970. The policy in question was a Group Insurance Policy, No. GL-9067, originally dated January 4, 1962, issued to cover the employees of the Ever-Soft Company of Pennsylvania, Inc. (herein "Ever-Soft"). The Pennsylvania law governs.

 The issues are numerous as will be observed later on. The first issue is whether decedent was an eligible employee of Ever-Soft at the time of his death. If he was, the proceeds of the policy amount to $25,000.00 and if he was an eligible employee, the other issues became moot.

 The plaintiff contends, however, that even though decedent was not eligible at his death, he had once been eligible and had never been terminated. She contends that Hartford is estopped to deny coverage because of knowledge brought to its attention and finally that the policy is incontestable.

 The policy, as finally amended, *fn1" defined the classes of employees who were eligible for insurance as follows:

 
"All active full time employees as follows:
 
1. President
 
2. Controller, Managers, Supervisors and Sales Training Directors
 
3. Sales Personnel
 
4. Installers
 
5. All other employees"

 Employees became eligible when they had completed one month of continuous service in an eligible class.

 The various classes of employees were entitled to the following coverage:

 
Class 1 (President) -- Basic Life -- $12,500.00, Excess ...

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