New Era Life Ass'n v. Weigle
Pennsylvania Court of Common Pleas, York County
No. 70 July Term 1889, Sup. Ct.; court below, No. 106 April Term 1888, C. P. To the number and term of the court below, Mary Weigle filed her appeal from the judgment of a justice of the peace, in an action brought against her by the New Era Life Association of 1876, for the use of J. M. Wiestling, receiver of said association.
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No. 70 July Term 1889, Sup. Ct.; court below, No. 106 April Term 1888, C. P. To the number and term of the court below, Mary Weigle filed her appeal from the judgment of a justice of the peace, in an action brought against her by the New Era Life Association of 1876, for the use of J. M. Wiestling, receiver of said association. On December 7, 1888, the plaintiff filed a statement of claim in assumpsit, to which the defendant pleaded, non-assumpsit, non-assumpsit infra sex annos, payment and set-off. . At the trial, March 1,1889, the following facts were shown: On November 4, 1878, Mary Weigle…
1Opinion of the Court
Opinion,
Mk. Justice Williams:
The rights and obligations of insurer and insured are reciprocal. Each is bound to deal fairly and honestly with the other, in the procurement of the contract for insurance, and any concealment or misrepresentation material to the risk on either side may properly be urged as ground of relief from the contract thus unfairly and fraudulently obtained. The application and policy now before us bristle with the requirements laid upon the applicant. A full disclosure of every circumstance material to the risk is required in writing, and an express covenant that *585all the…
2Cases cited1 opinion
- Sunbury Fire Insurance v. HumbleSupreme Court of Pennsylvania · 1882
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