Felix v. Fidelity Mutual Life Insurance
Supreme Court of Pennsylvania
Appeal, No. 275, Jan. T., 1905, by plaintiff, from judgment of C. P. Northumberland Co., Sept. T., 1902, No. 186, on verdict for defendant in case of Charlotte S. Felix v. Fidelity Mutual Life Insurance Company of Philadelphia. Assumpsit on a policy of life insurance. Before Aijten, J. At the trial defendant set up as a defense that the insured committed suicide within two years from the date of the policy, and in violation of its terms.
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Appeal, No. 275, Jan. T., 1905, by plaintiff, from judgment of C. P. Northumberland Co., Sept. T., 1902, No. 186, on verdict for defendant in case of Charlotte S. Felix v. Fidelity Mutual Life Insurance Company of Philadelphia. Assumpsit on a policy of life insurance. Before Aijten, J. At the trial defendant set up as a defense that the insured committed suicide within two years from the date of the policy, and in violation of its terms. The court charged in part as follows: [The proofs of death and justness of claim submitted to this defendant company contain a statement of the claimant,'…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The question in controversy here is as to the manner in which the insured came to his death. If it was suicide, thfen under the terms of the policy there could be no recovery. Upon the trial of the cause in the court below, the defendant company offered in evidence the proofs of death which had been submitted to it by the claimant, for the purpose of showing that according to the statements set forth in the said proofs of death, the insured had died by his own hand, within two years from the date of the policy, and that it was therefore null and void.
The insuring…
2Cases cited2 opinions
- Insurance Co. v. NewtonSupreme Court of the United States · 1875
- Hanna v. Connecticut Mutual Life InsuranceNew York Court of Appeals · 1896
3Cited by11 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Curth v. New York Life Ins. Co.Michigan Supreme Court · 1936
- Borgon v. John Hancock M. Life Ins.Superior Court of Pennsylvania · 1930
- Von Crome v. Travelers' Ins. Co. of HartfordCourt of Appeals for the Eighth Circuit · 1926
- Metropolitan Life Ins. Co. v. JamesSupreme Court of Alabama · 1932
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