of the result rather than the language of the policy. 575 F.2d at 1247 & n.1. Such an approach is not tenable under Pennsylvania law in light of Standard Venetian Blind, discussed above. This Court is obliged to apply the plain language of the insurance contract, since there is no evidence of unconscionability or any other basis to deviate from this plain language.
The plaintiff has also asserted a claim for intentional infliction of severe emotional distress on the basis of the defendant insurer's alleged bad faith refusal to pay plaintiff's claim to the proceeds of the 1980 policy. Since judgment will be entered for the defendant on the plaintiff's claim to the proceeds of the policy, there is no factual basis to support this claim. Moreover, damages are not recoverable for an insurer's "bad faith" conduct in denying an insurance claim, D'Ambrosio v. Pennsylvania National Mutual Casualty Co., 494 Pa. 501, 507-08, 431 A.2d 966, 970 (1981), since the exclusive remedy for such conduct is under Pennsylvania's Unfair Practices Act, 40 Pa.Stat.Ann. § 1171.1 et seq. (Purdon's Supp. 1981).
Finally, although the plaintiff's brief sets forth the contention that a material issue of fact exists as to whether the insured committed suicide, this contention is without merit. Although it is well established that the defense of death by suicide is an affirmative one, as to which the defendant insurer has the burden of proof, Watkins v. Prudential Ins. Co., 315 Pa. 497, 508, 173 A. 644, 650 (1934), in this case the plaintiff admitted in his deposition that his son committed suicide. Such admissions are binding and conclusive upon the party making them. See Glick v. White Motor Co., 458 F.2d 1287, 1291 (3d Cir. 1972); 9 Wigmore on Evidence, § 2588 at 822. See also Fed.R.Evid. 803(19). There is no question that it is appropriate to consider a party's admission made in a deposition in determining whether there is a genuine issue of material fact for the purpose of summary judgment. Western Union Telegraph Co. v. N.C. Direnzi, Inc., 442 F. Supp. 1, 4 (E.D. Pa. 1977). Moreover, the circumstances of the insured's death are consistent with suicide. See also Watkins, 315 Pa. at 505, 173 A. at 648 (no "presumption against suicide" in Pennsylvania law); Pollard v. Metropolitan Life Insurance Co., 598 F.2d 1284, 1287 (3d Cir.), cert. denied, 444 U.S. 917, 62 L. Ed. 2d 171, 100 S. Ct. 232 (1979) (same).
There being no genuine issue of material fact preventing entry of judgment for the defendant as a matter of law, the defendant's motion for summary judgment will be granted. An order follows.
AND NOW, this 20th day of June, 1984, upon consideration of the defendant's motion for summary judgment, and the plaintiff's response thereto, for the reasons stated in this Court's Memorandum of June 20, 1984,
IT IS HEREBY ORDERED that the defendant's motion for summary judgment is GRANTED and judgment is ENTERED in favor of the defendant, Sun Life Insurance Company of America, and against the plaintiff, David Lazovick.
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