Smith v. Metropolitan Life Insurance
Supreme Court of Pennsylvania
Appeal, No. 92, Oct. T., 1897, by defendant, from judgment of C. P. Westmoreland Co., Nov. Term, 1896, No. 646, on verdict for plaintiff. Assumpsit on a policy of life insurance. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 92, Oct. T., 1897, by defendant, from judgment of C. P. Westmoreland Co., Nov. Term, 1896, No. 646, on verdict for plaintiff. Assumpsit on a policy of life insurance. The facts appear by the opinion of the Supreme Court. Plaintiff’s point and answer thereto were as follows : 1. Although it be true that the deceased was attended by Dr. Thomas in the spring of 1893, and neglected to so state in his application, and to this extent made a misstatement, if made in good faith, in and of itself does not avoid this policy, unless it now appears, from all the evidence, that it was a…
1Opinion of the Court
Opinion by
Mb.. Justice McCollum,
On the 30th of April, 1894, the defendant company issued a policy of insurance in the sum of $1,000 on the life of Henry J. Smith who died on September 5, 1896. The insurer now refuses to pay the insurance money on two grounds: (1) The insured was not in sound health “ upon the date of the policy,” and, (2) his answers to certain questions contained in his application for insurance were untrue. The first ground on which payment is resisted is sufficient, if established by competent evidence, to bar a recovery, and so is the second ground, if the answers…
2Cases cited4 opinions
- Hermany v. Fidelity Mut. Life Ass'nSupreme Court of Pennsylvania · 1892
- Dietz v. Metropolitan Life Ins.Supreme Court of Pennsylvania · 1895
- McGraw v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1897
- Schwartz v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1897
3Cited by8 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Barnes v. Fidelity Mutual Life Ass'nSupreme Court of Pennsylvania · 1899
- Pelican v. Mutual Life InsuranceMontana Supreme Court · 1911
- Borgon v. John Hancock M. Life Ins.Superior Court of Pennsylvania · 1930
- South Side Trust Co. v. Eureka Life Ins.Superior Court of Pennsylvania · 1920
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