Legal Opinion

Stewart v. General Accident Insurance

Superior Court of Pennsylvania

Decided December 12, 1907No. Appeal, No. 259PublishedCited by 3 opinions

Appeal, No. 259, Oct. T., 1906, by defendant, from judgment of C. P. Bedford Co., Nov. T., 1905, No. 136, on verdict for plaintiff in case of John B. Stewart v. The General Accident Insurance Company of Philadelphia. Assumpsit on a policy of life insurance. The facts are stated in the opinion of the Superior‘Court. Verdict and judgment for plaintiff for $235.82. Defendant appealed.

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Appeal, No. 259, Oct. T., 1906, by defendant, from judgment of C. P. Bedford Co., Nov. T., 1905, No. 136, on verdict for plaintiff in case of John B. Stewart v. The General Accident Insurance Company of Philadelphia. Assumpsit on a policy of life insurance. The facts are stated in the opinion of the Superior‘Court. Verdict and judgment for plaintiff for $235.82. Defendant appealed. Errors assigned were (1-3) rulings on evidence referred to in the opinion of the Superior Court; and (4) in giving binding instructions for plaintiff. — The warranties were a part of the contract: Watertown Fire…

1Opinion of the Court

Opinion by

Beaver, J.,

The plaintiff accepted a general accident policy, issued by the defendant, upon January 27, 1905, upon which is indorsed a schedule of warranties, signed by him, containing the following paragraphs:

“I have no accident or health insurance issued by stock companies, assessment or fraternal associations, except as follows:
“I have suffered from the folio-wing accidents, diseases or sicknesses. . . .
“Other than as above stated, I have never received any injury or suffered from any disease or sickness of any character.
“I have never received nor been refused indemnity for any…

2Cases cited2 opinions

  1. Hartman v. Keystone InsuranceSupreme Court of Pennsylvania · 1853
  2. Carson v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1896

3Cited by3 opinions

  1. French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
  2. Stewart v. General Accident Insurance Co. of PhiladelphiaSuperior Court of Pennsylvania · 1909
  3. Stawecka v. John Hancock Mutual Life InsuranceSuperior Court of Pennsylvania · 1916

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