Doll v. Prudential Insurance Co. of America
Superior Court of Pennsylvania
Appeal, No. 2, Oct. T., 1902, by the Prudential Insurance Company, from order of C. P. Lebanon Co., Sept. T., 1901, No. 86, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of Jacob Doll, Administrator of Mary Schiebel, Deceased, v. The Prudential Insurance Company. Assumpsit on a policy of life insurance. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 2, Oct. T., 1902, by the Prudential Insurance Company, from order of C. P. Lebanon Co., Sept. T., 1901, No. 86, making absolute a rule for judgment for want of a sufficient affidavit of defense in case of Jacob Doll, Administrator of Mary Schiebel, Deceased, v. The Prudential Insurance Company. Assumpsit on a policy of life insurance. Rule for judgment for want of a sufficient affidavit of defense. The affidavit of defense averred: That while the defendant company in said policies of insurance thereby promised to pay to the representatives of the insured the sum mentioned in the…
1Opinion of the Court
Opinion by
William W. Porter, J.,
The two policies of life insurance in suit contain, inter alia, three provisions, upon the effect of which hangs this controversy. The first clause promises to pay “ the sum of money as provided in the third column of said schedule.” The third column provides, in one policy, “ Sum insured on the above terms and subject to correction for misstatement of age, $110.” The second policy is the same in this clause save thatthe amount in figures is $115. Section twelve of both policies makes them incontestable after three years. The defense set up in the affidavit is…
2Cases cited2 opinions
- Brady v. Prudential InsuranceSupreme Court of Pennsylvania · 1895
- Starck v. Union C. L. Ins.Supreme Court of Pennsylvania · 1890
3Cited by7 opinions
- Collins v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1905
- Sipp v. Philadelphia Life InsuranceSupreme Court of Pennsylvania · 1928
- Mayer v. Prudential Life Insurance Co. of AmericaSuperior Court of Pennsylvania · 1935
- Central Trust Co. v. Fidelity Mutual Life InsuranceSuperior Court of Pennsylvania · 1911
- Mitchell v. Pennsylvania Mutual Life InsuranceSuperior Court of Pennsylvania · 1927
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