Opinion
June 15, 1961.
September 12, 1961.
Insurance — Life insurance — Facility of payment clause — Beneficiaries — Blood relatives — Necessity of being "equitably entitled".
Where a life insurance policy provides that the insurer "may pay the Benefits provided in this Policy to any relative by blood or connection by marriage of the Insured, or to any other person appearing to said Company to be equitably entitled to the same by reason of having incurred expense in any way on behalf of the Insured, for his or her burial or for any other purpose", a blood relative need not also be "equitably entitled" in order to qualify as a beneficiary to whom the insurer is authorized to make payment.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 171, Oct. T., 1961, from judgment of Municipal Court of Philadelphia County, Sept. T., 1960, No. 6944-D, in re estate of Emma Milner, deceased et al. v. The Prudential Insurance Company of America. Judgment affirmed.
Assumpsit.
Defendant's motion for judgment on the pleadings
Same case in court below: 24 Pa. D. C. 2d 729. granted, opinion by BURCH, J. Plaintiffs appealed.
Lee B. Sacks, with him Samuel I. Sacks, for appellants.
George M. Brodhead, with him Peter C. Paul, J. Welles Henderson, and Rawle Henderson, for appellee.
Argued June 15, 1961.
The judgment of the Municipal Court of Philadelphia County is affirmed on the opinion of Judge FRANCIS F. BURCH for the court below, reported at 24 Pa. D. C.2d 729.