Hood v. Prudential Insurance Co. of America
Superior Court of Pennsylvania
Appeal, No. 59, Oct. T., 1904, by defendant, from judgment of C. P. No. 5, Phila. Co., June T., 1901, No. 252, on verdict for plaintiff in case of William P. Hood, Executor of Harry L. Hood, deceased, v. Prudential Insurance Company of America. Assumpsit on a policy of life insurance. Before Martin, P. J. The facts appear by the opinion of the Superior Court. Error assigned was in entering judgment on the verdict.
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Appeal, No. 59, Oct. T., 1904, by defendant, from judgment of C. P. No. 5, Phila. Co., June T., 1901, No. 252, on verdict for plaintiff in case of William P. Hood, Executor of Harry L. Hood, deceased, v. Prudential Insurance Company of America. Assumpsit on a policy of life insurance. Before Martin, P. J. The facts appear by the opinion of the Superior Court. Error assigned was in entering judgment on the verdict. No principle of law will" enable a party who guarantees a fact upon which a contract of insurance is based, which fact is afterward found not to exist, to enforce the contract. The…
1Opinion of the Court
Opinion by
Beaver, J.,
When this case was here before, 22 Pa. Superior Ct. 244, we said: “ 3. The policies are also void by their terms ‘ if there is in force upon the life of the insured an industrial policy previously issued by this company, unless the policy first issued contains an indorsement signed by the president or secretary, authorizing this policy to be in force at the same time.’ The insured accepted the policy with that condition in it. Is it a reasonable condition ? There is not sufficient testimony in the case, it seems to us, to determine that question. If, as is intimated, the…
2Cases cited3 opinions
- Northern Assurance Co. v. Grand View Building Assn.Supreme Court of the United States · 1902
- Hood v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1903
- Davis ex rel. White v. Fireman's Fund InsuranceSuperior Court of Pennsylvania · 1897
3Cited by3 opinions
- Taylor v. Home Life Insurance Co. of AmericaSuperior Court of Pennsylvania · 1936
- Greco Et Ux. v. Rainal (Et Al.)Superior Court of Pennsylvania · 1938
- Peoples Life Ins. v. GoffsDistrict of Columbia Court of Appeals · 1943