Rigby v. Metropolitan Life Insurance
Supreme Court of Pennsylvania
Appeal, No. 363, Jan. T., 1912, by defendant, from judgment of C. P. Delaware Co., Sept. T., 1911, No. 42, on verdict for plaintiff in case of Bertha S. Rigby v. The Metropolitan Life Insurance Company. Assumpsit on life insurance policy. Before Johnson, P. J. The opinion of the Supreme Court states the case.
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Appeal, No. 363, Jan. T., 1912, by defendant, from judgment of C. P. Delaware Co., Sept. T., 1911, No. 42, on verdict for plaintiff in case of Bertha S. Rigby v. The Metropolitan Life Insurance Company. Assumpsit on life insurance policy. Before Johnson, P. J. The opinion of the Supreme Court states the case. The court charged the jury in part as follows: [Now, the question for you, then, will be, looking at the inquiry on the application, which you will have with you, and looking to his answer, we submit to you the question whether or not the answer, the naming of Doctor Harvey — the…
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
The policy of life insurance on which this action was brought was issued October 13, 1909. The insured died September 25, 1910, of cancer of the stomach. The grounds of defense were that incorrect statements had been made by the insured in his application in relation to his previous illness and to medical attendance. It was stipulated in the policy that the statements in the *335application and the answers to the medical examiner “......are correct and wholly true, that they shall form the basis of the contract of insurance if one is issued and that if they are…
2Cases cited3 opinions
- Murphy v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1903
- Lutz v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1898
- U. B. Mutual Aid Soc. v. O'HaraSupreme Court of Pennsylvania · 1888
3Cited by29 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- N.Y. Life Ins. Co. v. Brandwene Et Ux.Supreme Court of Pennsylvania · 1934
- Livingood v. New York Life Ins. Co.Supreme Court of Pennsylvania · 1926
- Bailey v. Pacific Mutual Life InsuranceSupreme Court of Pennsylvania · 1939
- Adams v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1936
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