Holleran v. Life Assurance Co. of America
Superior Court of Pennsylvania
Appeal, No. 187, Oct. T., 1901, by plaintiff, from judgment of C. P. No. 4, Phila. Co., March T., 1899, No. 1092, on verdict for defendant, in case of Richard J. Holleran v. Life Assurance Company of America. Assumpsit on a policy of life insurance. At the trial plaintiff offered in evidence the policy in suit to which was attached what purported to be a copy of the application. The offer was not restricted to any part of the paper.
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Appeal, No. 187, Oct. T., 1901, by plaintiff, from judgment of C. P. No. 4, Phila. Co., March T., 1899, No. 1092, on verdict for defendant, in case of Richard J. Holleran v. Life Assurance Company of America. Assumpsit on a policy of life insurance. At the trial plaintiff offered in evidence the policy in suit to which was attached what purported to be a copy of the application. The offer was not restricted to any part of the paper. Defendant subsequently made the following offer: Counsel for defendant offers in evidence proofs of death heretofore offered by counsel for plaintiff, for the…
1Opinion of the Court
Opinion by
Rice, P. J.,
1. By the express terms of the policy offered in evidence by the plaintiff, the application was made part of the contract. What purports to be a copy of the application was attached to the policy. The offer was not restricted to any part of the *576paper, and was properly construed as an offer of the whole paper including this copy, although the latter was not specifically mentioned in the offer. Under the circumstances neither party is in a position to claim that the copy was not in evidence. For the purpose of showing that the insurance company had not complied with the…
2Cases cited5 opinions
- Fisher v. Fidelity Mutual Life Ass'nSupreme Court of Pennsylvania · 1898
- Lebanon Mutual Insurance v. KeplerSupreme Court of Pennsylvania · 1884
- Wall v. Royal Society of Good FellowsSupreme Court of Pennsylvania · 1897
- Benseman v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1900
- Wall v. Royal Society of Good FellowsSupreme Court of Pennsylvania · 1899
3Cited by14 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Livingood v. New York Life Ins. Co.Supreme Court of Pennsylvania · 1926
- Borgon v. John Hancock M. Life Ins.Superior Court of Pennsylvania · 1930
- South Side Trust Co. v. Eureka Life Ins.Superior Court of Pennsylvania · 1920
- Maculuso v. Humboldt Fire InsuranceSupreme Court of Pennsylvania · 1922
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