Burke v. Prudential Insurance Co. of America

Kenworthey, J.,

Opinion by

This is an action on four policies of insurance on the life of Mary Burke. The action is by her son, the administrator of her estate. Defendant appeals from the refusal of its motion for new trial.

The policies were issued July 1, 1935. The insured died of cancer March 13, 1936; the defense was she was not in sound health, 1 that she was suffering from cancer on the date the policies were issued. The burden of establishing this defense was on appellant and the evidence it.offered was concededly for the jury. Borgon v. John Hancock M. Life Ins. Co., 99 Pa. Superior Ct.…