Legal Opinion

MacDonald v. Metropolitan Life Insurance

Supreme Court of Pennsylvania

Decided April 24, 1931No. Appeal, 235PublishedCited by 58 opinions

Ambiguities in insurance policies must be construed in favor of tbe insured and against tbe insurer: Northern Central Trust Co. v. Ins. Co., 53 Pa. Superior Ct. 425; Francis v. Ins. Co., 243 Pa. 380; Brams v. Ins. Co., 299 Pa. 11; McMaster v. Ins. Co., 183 U. S. 25; Anthony v. Grier, 57 Pa.

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Ambiguities in insurance policies must be construed in favor of tbe insured and against tbe insurer: Northern Central Trust Co. v. Ins. Co., 53 Pa. Superior Ct. 425; Francis v. Ins. Co., 243 Pa. 380; Brams v. Ins. Co., 299 Pa. 11; McMaster v. Ins. Co., 183 U. S. 25; Anthony v. Grier, 57 Pa. Superior Ct. 320. Appellant’s acceptance of a premium for six months’ coverage, coupled with its failure to specify a term of less than six months, necessarily implies an intention to cover the insured for the full period of six months: McGuire v. Ins. Co., 94 Pa. Superior Ct. 457; McDonough v. Ins. Co.,…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

On July 18,1929, Thomas W. MacDonald, husband of Elizabeth MacDonald, the plaintiff, took out a $5,000 accident policy in her favor with the Metropolitan Life Insurance Company, defendant, for the term of six months, for which he paid $9.90 as premium. This term expired January 18, 1930. The policy contained, inter alia, a clause that “This policy may, with the consent of the Company and subject to all of the terms, conditions and provisions of this policy, be periodically renewed upon each successive expiration, for a further period of equal number of months,…

2Cases cited5 opinions

  1. Mutual Life Insurance v. Hurni Packing Co.Supreme Court of the United States · 1923
  2. McMaster v. New York Life InsuranceSupreme Court of the United States · 1901
  3. Equitable Life Assur. Soc. v. McElroyCourt of Appeals for the Eighth Circuit · 1897
  4. Brams v. New York Life InsuranceSupreme Court of Pennsylvania · 1929
  5. Francis v. Prudential InsuranceSupreme Court of Pennsylvania · 1914

3Cited by58 opinions

  1. Blue Anchor Overall Co. v. Pennsylvania Lumbermens Mutual InsuranceSupreme Court of Pennsylvania · 1956
  2. Burne v. Franklin Life InsuranceSupreme Court of Pennsylvania · 1973
  3. Preston v. National Life & Accident InsuranceSupreme Court of Georgia · 1943
  4. Prescott v. Mutual Benefit Health and Accident Ass'n.Supreme Court of Florida · 1938
  5. United National Insurance v. Philadelphia Gas WorksSuperior Court of Pennsylvania · 1972

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