Dietz v. Metropolitan Life Ins.
Supreme Court of Pennsylvania
Appeal, No. 209, Oct. T., 1894, by defendant, from judgment of O. P. No. 2, Allegheny Co., July T., 1893, No. 625, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before White, J. At the trial it appeared that the policy contained the following stipulation: “No obligation, is assumed by the company prior to the date hereof, nor unless upon said date the assured is alive and in sound health.”
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Appeal, No. 209, Oct. T., 1894, by defendant, from judgment of O. P. No. 2, Allegheny Co., July T., 1893, No. 625, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before White, J. At the trial it appeared that the policy contained the following stipulation: “No obligation, is assumed by the company prior to the date hereof, nor unless upon said date the assured is alive and in sound health.” The insurance company claimed that the assured was ill with chronic epilepsy at the time the policy was issued. The assured died of typhoid pneumonia two years after the date of the…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
There was no evidence of fraud or misrepresentation in obtaining the insurance, and the sole question for the jury was whether the insured was in sound health when the policy was issued. It appears to have been conceded that the immediate cause of his death was typhoid pneumonia, but the defendant company claimed that he was affected with chronic epilepsy, and introduced some evidence to support its claim. Upon this evidence it requested the court to say that its claim was substantiated and to direct the jury to find in its favor. The court declined to comply…
2Cited by5 opinions
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