Legal Opinion

Holyland v. Protected Home Circle

Superior Court of Pennsylvania

Decided July 10, 1918No. Appeal, No. 112PublishedCited by 3 opinions

Appeal, No. 112, April T., 1918, by defendant, from judgment of C. P. Allegheny Co., Oct. T., 1916, No. 454, on verdict for plaintiff in case of Mary E. Holyland v. The Protected Home Cirele, a Pennsylvania Corporation. Assumpsit to recover benefits under old age insurance.

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Appeal, No. 112, April T., 1918, by defendant, from judgment of C. P. Allegheny Co., Oct. T., 1916, No. 454, on verdict for plaintiff in case of Mary E. Holyland v. The Protected Home Cirele, a Pennsylvania Corporation. Assumpsit to recover benefits under old age insurance. Before Haymaker, J. At the trial it appeared that Charles Holyland, plaintiff’s husband was a member of the Protected Home Circle, a Pennsylvania corporation, and that on October 1, 1889, the defendant issued to Holyland a benefit certificate in the sum of $1,000, by which it agreed to pay to the plaintiff the sum of…

1Opinion of the Court

Opinion by

Kephart, J.,

It is nowhere denied that fifty dollars was due to Charles Holyland on January 21, 1915, “from the appellant on an old age disability insurance policy. This was not paid at the date of his death, July 29, 1915. While this sum was in the hands of the insurer, the assessments for April, May, June and July, amounting to $6.76, were unpaid. He was suspended in May because the April and May assessments had not been paid. This state of affairs continued until his death. Thereafter, upon demand, the insurer refused to pay the sum of five hundred dollars to his widow, being the…

2Cases cited5 opinions

  1. Girard Life Insurance, Annuity & Trust Co. v. Mutual Life InsuranceSupreme Court of Pennsylvania · 1881
  2. Matlack v. Mutual Life InsuranceSupreme Court of Pennsylvania · 1897
  3. Murray v. Iron Hall of Baltimore CitySuperior Court of Pennsylvania · 1898
  4. Farmers & Breeders Mutual Reserve Fund Live Stock Ins. v. CurranSuperior Court of Pennsylvania · 1916
  5. Farmers & Breeders Mutual Reserve Fund Live Stock Ins. v. MillerSuperior Court of Pennsylvania · 1916

3Cited by3 opinions

  1. Peters v. Colonial Life Insurance Co. of AmericaSuperior Court of Pennsylvania · 1937
  2. Judge v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1936
  3. Deposit Guaranty National Bank v. Prudential Insurance Company of AmericaMississippi Supreme Court · 1967

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