Csizik v. Verhovay Sick Benefit Ass'n
Superior Court of Pennsylvania
Appeal, No. 13, March T., 1915, by defendant, from judgment of C. P. Lackawanna Co., May T., 1911, No. 280, on verdict for plaintiff in case of Andrew Csizik, et al., v. Verhovay Sick Benefit Association. Assumpsit to recover death benefits. Before New-comb, J. At the trial the defendant alleged that the deceased and her husband had made misrepresentations as to her health contrary to the statement in the application that she was healthy.
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Appeal, No. 13, March T., 1915, by defendant, from judgment of C. P. Lackawanna Co., May T., 1911, No. 280, on verdict for plaintiff in case of Andrew Csizik, et al., v. Verhovay Sick Benefit Association. Assumpsit to recover death benefits. Before New-comb, J. At the trial the defendant alleged that the deceased and her husband had made misrepresentations as to her health contrary to the statement in the application that she was healthy. When Joseph Balia was on the stand he was asked this question: Mr. Vosburg. Q. Did you have any talk with her about this time as to her health? A. She was…
1Opinion of the Court
Opinion by
Kephart, J.,
This action was brought by the husband as the beneficiary. Appellant contended that the heirs at law were the beneficiaries and the action should have been brought by them. The application designating the beneficiary was in foreign language, not easily translated, and in the appellant’s possession. Appellee moved to amend by adding as a party plaintiff the guardian of a minor child, who, with husband, were the heirs at law.. Amendments in the names of the parties which do not change the cause of action (Wildermuth v. Long, 196 Pa. 541; Garman v. Glass, 197 Pa. 101), and…
2Cases cited11 opinions
- Barnes v. Fidelity Mutual Life Ass'nSupreme Court of Pennsylvania · 1899
- Wills v. KaneSupreme Court of Pennsylvania · 1853
- Garman v. GlassSupreme Court of Pennsylvania · 1900
- Baldi v. Metropolitan InsuranceSuperior Court of Pennsylvania · 1902
- Hartman v. Keystone InsuranceSupreme Court of Pennsylvania · 1853
6 more not listed; retrieve them via the Exa API.
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- McDonald v. Liberty Beneficial Ass'nSuperior Court of Pennsylvania · 1922
- Bashline v. Roha, Pennsylvania Court of Common Pleas, Cumberland County1948
- H. A. Caesar & Co. v. Banks Bros., Pennsylvania Court of Common Pleas, Philadelphia County1926
- Hadler v. Prudential Insurance Co. of America, Pennsylvania Court of Common Pleas, Susquehanna County1932
1 more not listed; retrieve them via the Exa API.