United States Third Circuit

In a coverage dispute over a life insurance policy, dismissal of plaintiff's complaint is affirmed where the life insurance policy at issue was not in effect at the time of the insured's death because as of the date of his death, he had not accepted the insurance contract by paying the premium, despite the fact that he died on the same day that he received the policy in the mail and one week after the "date of issue" of the policy, and his wife mailed the first premium to the insurer on the next day.

Appellate Information

• Argued 02/27/2006
• Decided 08/21/2006
• Published 08/21/2006

Judges

• Before SLOVITER, FUENTES, and BECKER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Richard L. Bazelon (Argued), Natalie D'Amora, Philadelphia, PA, Attorneys for Appellant.


• For Appellees:
  
• Peter Jason (Argued), Jonathan L. Swichar, Duane Morris LLP, James W. Gicking (Argued), Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, PA, Attorneys for Appellees.