Glaser v. Metropolitan Life Insurance

Opinion by Keller, P. J.,

Counsel for appellant either misunderstands or misapplies the ruling of the Supreme Court in Evans v. Penn Mutual Life Ins. Co., 322 Pa. 547, 186 A. 133. While that decision upheld the submission of that case to the jury, because the evidence was not such as to require the court to hold, as matter of law, that the insured had made false representations as to the condition of his health, etc. in his application for insurance, which were material to the risk, the very full, clear and comprehensive opinion of Mr. Justice Drew recognized that if. it affirmatively appears…