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MARY MONTELL v. BANKER'S LIFE NEBRASKA INSURANCE COMPANY (04/18/80)

filed: April 18, 1980.

MARY MONTELL, A WIDOW,
v.
BANKER'S LIFE OF NEBRASKA INSURANCE COMPANY, APPELLANT



COUNSEL

George M. Evan, Pittsburgh, for appellant.

William A. Weiler, Pittsburgh, submitted a brief on behalf of appellee.

Cercone, President Judge, and Montgomery and Lipez, JJ.

Author: Cercone

[ 277 Pa. Super. Page 125]

Appellant, Banker's Life Insurance Company of Nebraska, appeals from the order of the Court of Common Pleas of Allegheny County which quashed its appeal from an arbitration award on the basis that appellant's appeal was defective. We vacate the order of the lower court and remand for the correction of the defective appeal bond.

Appellee, Mary Montell, filed this suit in assumpsit against Banker's Life to collect the insurance proceeds from the policy she held on her deceased husband's life. The case was heard by a board of three arbitrators and their decision in the amount of $5,000 was in favor of Mrs. Montell.

Banker's Life then filed an appeal from the arbitrator's award and the case was assigned for trial. On the day trial was to begin, appellee moved to quash the appeal on the basis that the appeal bond filed by Banker's Life was defective as to the amount and that Banker's Life had not executed it. The lower court agreed that the bond was

[ 277 Pa. Super. Page 126]

    defective and quashed the appeal. It is from that order which appellant comes before us.

The issue on appeal is whether the lower court erred in quashing the appeal without first making any determination of whether appellant made a good faith effort to comply with the statutory requirements. In addressing this issue, we note first that the filing of a recognizance or appeal bond is required, and appellant, at the time of the instant case, was required to satisfy the following requirements:

"I. The party appellant, his agent, or attorney, shall make oath or affirmation, that 'it is not for the purpose of delay, such appeal is entered, but because he firmly believes an injustice had been done.'

II. Such party, his agent or attorney, shall pay all the costs that may have accrued ...


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