Legal Opinion

Baldi v. Metropolitan Life Insurance

Superior Court of Pennsylvania

Decided March 14, 1904No. Appeal, No. 1PublishedCited by 10 opinions

Appeal, No. 1, Oct. T., 1903, by-defendant, from judgment of O. P. No. 2, Phila. Co., Dec. T., 1897, No. 2, on verdict for plaintiff in case of Charles C. A. Baldi, Administrator of Francis Rizzo, Deceased, v. Metropolitan Life Insurance Company. Assumpsit upon a policy of life insurance. Before Barratt, J. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 1, Oct. T., 1903, by-defendant, from judgment of O. P. No. 2, Phila. Co., Dec. T., 1897, No. 2, on verdict for plaintiff in case of Charles C. A. Baldi, Administrator of Francis Rizzo, Deceased, v. Metropolitan Life Insurance Company. Assumpsit upon a policy of life insurance. Before Barratt, J. The facts are stated in the opinion of the Superior Court. The plaintiff examined Dominico Biello as follows : “ Q. Are you the Mr. Biello that Mr. Baldi spoke about as being present at the conversation in January, 1900 ? A. Yes, sir. Q. Tell the court and jury what was said at that…

1Opinion of the Court

Opinion by

Rice, P. J.,

This action was brought by an administrator upon a policy of insurance issued in 1895 upon the life of Dr. Francis Rizzo. Dr. Rizzo died in September, 1897, of angina pectoris.

By the express terms of the policy itself, the answers and statements contained in the application were made warranties and a part of the contract. Amongst the conditions, indorsed on the back of the policy, subject to which it was issued and accepted, and which were made part of the contract, were the following: “ 3. If any statements contained in the written and printed application herein…

2Cases cited13 opinions

  1. March v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1898
  2. Murphy v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1903
  3. North American Life & Accident Insurance v. BurroughsSupreme Court of Pennsylvania · 1871
  4. Fisher v. Fidelity Mutual Life Ass'nSupreme Court of Pennsylvania · 1898
  5. Lutz v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1898

8 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
  2. South Side Trust Co. v. Eureka Life Ins.Superior Court of Pennsylvania · 1920
  3. Baldi v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1906
  4. Sack v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1934
  5. Turk v. Newark Fire Ins. Co.District Court, E.D. Pennsylvania · 1925

5 more not listed; retrieve them via the Exa API.

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