Lutz v. Metropolitan Life Insurance
Supreme Court of Pennsylvania
Appeal, No. 132, Jan. T., 1897, by defendant, from judgment of C. P. Lehigh Co., April T., 1896, No. 36, on verdict for plaintiff. Assumpsit on a policy of life insurance.
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Appeal, No. 132, Jan. T., 1897, by defendant, from judgment of C. P. Lehigh Co., April T., 1896, No. 36, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Albright, P. J. Defendant’s points and the answers thereto were as follows: 1. The applicant and beneficiary in their application having stated and warranted that the insured “ never was sick,” had no previous “ spitting of blood,” and had consulted no other physician and had “no consumption,” and the written and printed statement in the proof of death, and the uneontradieted proof and testimony showing that he had…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The learned judge of the court below, in his charge to the jury, said: “ From all this and everything bearing upon the question, you will determine whether the untrue statements, because I say to you there were untrue statements, related to some matter material to the risk which the company took when it insured the life of James A. Lutz. If you find that these untrue statements were material, then you will see that the contract was violated, and that by means of false representations or untrue statements the company was induced to promise what it otherwise would…
2Cited by26 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Livingood v. New York Life Ins. Co.Supreme Court of Pennsylvania · 1926
- Mutual Life Insurance v. MullanCourt of Appeals of Maryland · 1908
- Murphy v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1903
- Bankers' Life Insurance v. MillerCourt of Appeals of Maryland · 1904
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