United States Third Circuit

In a dispute over whether a policy for life insurance was in force upon the death of the insured, summary judgment for insurer is affirmed where: 1) under the law of reinstatement, defendant was not obliged to pay benefits on the insured's lapsed policy, as payment of an overdue premium was insufficient to effect reinstatement; and 2) even under the law of the reasonable expectations of the insured, it was unreasonable for plaintiffs to expect the policy to be in force at the time they mailed the overdue premium and application for reinstatement.

Appellate Information

• Argued 05/16/2007
• Decided 12/13/2007
• Published 12/13/2007

Judges

• Before:  FISHER and ROTH, Circuit Judges, and RAMBO, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• John W. Jordan, IV (Argued), Matis, Baum, Rizza & O'Connor, Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Alan H. Abes (Argued), Dinsmore & Shohl, Cincinnati, OH, R. Stanley Mitchel, Rose, Schmidt, Hasley & DiSalle, Pittsburgh, PA, for Appellee.