Connell v. Metropolitan Life Insurance
Superior Court of Pennsylvania
Appeal, No. 112, Oct. T., 1900, by defendant, from judgment of C. P. Delaware Co., Dec. T., 1897, No. 103, on verdict for plaintiff in case of Owen Connell v. The Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. Before Clayton, P. J. At the trial it appeared that on June 9,1894, Margaret Connell made a written application to the defendant company for insurance upon her life. The application mentioned Owen Connell, her husband, as beneficiary.
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Appeal, No. 112, Oct. T., 1900, by defendant, from judgment of C. P. Delaware Co., Dec. T., 1897, No. 103, on verdict for plaintiff in case of Owen Connell v. The Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. Before Clayton, P. J. At the trial it appeared that on June 9,1894, Margaret Connell made a written application to the defendant company for insurance upon her life. The application mentioned Owen Connell, her husband, as beneficiary. The application also contained a warranty that the representations and answers made by the applicant were correct and true,…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The application for this insurance was not attached to the policy, and the representations therein contained were not available by the defendant company as a defense to the action. The policy did not designate a beneficiary, and the admission of the application for that purpose was proper: Norristown Title Company v. Hancock Insurance Company, 132 Pa. 385. The Act of May 11, 1881, P. L. 20, imposes a duty upon the insurer for the protection of the assured, and was not intended to prevent the latter from merely using the application as evidence for the purpose of…
2Cases cited9 opinions
- March v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1898
- Barnes v. Fidelity Mutual Life Ass'nSupreme Court of Pennsylvania · 1899
- Smith v. Northwestern Mutual Life InsuranceSupreme Court of Pennsylvania · 1900
- American Union Life Insurance v. JudgeSupreme Court of Pennsylvania · 1899
- Cary ex el. Ullom v. CarySupreme Court of Pennsylvania · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- Youngblood v. Prud. Ins. Co. of AmericaSuperior Court of Pennsylvania · 1933
- Borgon v. John Hancock M. Life Ins.Superior Court of Pennsylvania · 1930
- Langan v. United States Life InsuranceSupreme Court of Missouri · 1939
- Panopoulos v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1929
14 more not listed; retrieve them via the Exa API.