Legal Opinion

White v. Empire State Degree of Honor

Superior Court of Pennsylvania

Decided July 13, 1911No. Appeal, No. 176PublishedCited by 6 opinions

Appeal, No. 176, Oct. T., 1910, by defendant, from judgment of C. P. McKean Co., Oct. Term, 1908, No. 51, on verdict for plaintiff in case of Gertrude M. White v. Empire State Degree of Honor. Assumpsit to recover death benefit. Before Bouton, P. J. At the trial the defendant claimed that it was not liable because the insured committed suicide.

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Appeal, No. 176, Oct. T., 1910, by defendant, from judgment of C. P. McKean Co., Oct. Term, 1908, No. 51, on verdict for plaintiff in case of Gertrude M. White v. Empire State Degree of Honor. Assumpsit to recover death benefit. Before Bouton, P. J. At the trial the defendant claimed that it was not liable because the insured committed suicide. The court under objection and exception refused to permit the defendant to show that under the law of New York, which was the company’s domicile, suicide was a crime. [1] The court also under objection and exception refused to permit the defendant to…

1Opinion of the Court

Opinion by

Henderson, J.,

This is an action on a beneficiary certificate issued by *56the defendant on the life of Fred S. White and payable at his death to his wife the plaintiff. The defendant is a corporation organized under the laws of the state of New York and having its principal place of business in that state. Fred S. White and his wife were residents of Bradford, Pa., when he became a member of the association. The beneficiary certificate was issued pursuant to an application in writing signed by the insured, which application is declared in the certificate t'o be "a part of the contract…

2Cases cited25 opinions

  1. Equitable Life Assurance Society v. ClementsSupreme Court of the United States · 1891
  2. Mutual Life Ins. Co. of NY v. CohenSupreme Court of the United States · 1900
  3. Coverdale v. Royal ArcanumIllinois Supreme Court · 1901
  4. Patterson v. Natural Premium Mutual Life InsuranceWisconsin Supreme Court · 1898
  5. Girard Life Insurance, Annuity & Trust Co. v. Mutual Life InsuranceSupreme Court of Pennsylvania · 1881

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3Cited by6 opinions

  1. Marcus v. Heralds of LibertySupreme Court of Pennsylvania · 1913
  2. Harry L. Sheinman & Sons, Inc. v. Scranton Life Ins.Court of Appeals for the Third Circuit · 1942
  3. New York Life Ins. Co. v. LevineCourt of Appeals for the Third Circuit · 1943
  4. Varas v. Crown Life InsuranceSuperior Court of Pennsylvania · 1964
  5. Allegheny Trust Co. v. State Life Ins.Superior Court of Pennsylvania · 1933

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