Baldi v. Metropolitan Insurance
Superior Court of Pennsylvania
Appeal, No. 2, Oct. T., 1901, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., Í897, No. 741, on verdict for plaintiff in case of Charles C. A. Baldi, Administrator of Francis Rizzo, Deceased, v. Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. Before Penny-packer, P. J. At the trial it appeared that on January 25, 1895, the defendant issued a policy of life insurance for the sum of $1,000 upon the life of Francis Rizzo.
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Appeal, No. 2, Oct. T., 1901, by defendant, from judgment of C. P. No. 2, Phila. Co., Dec. T., Í897, No. 741, on verdict for plaintiff in case of Charles C. A. Baldi, Administrator of Francis Rizzo, Deceased, v. Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. Before Penny-packer, P. J. At the trial it appeared that on January 25, 1895, the defendant issued a policy of life insurance for the sum of $1,000 upon the life of Francis Rizzo. The insured died on September 11, 1897. In the proofs of death it was stated that the insured four years before his death had a…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action upon a policy of life insurance in which the answers and statements contained in the written application therefor were made warranties and a part of the contract.
*6051. The question raised by the first three assignments of error is whether the “ application as signed by the applicant ” was copied in the policy within the provisions of the act of assembly of May 11, 1881, P. L. 20, so as to render the warranties in the application available to the insurer.
The paper in question is a single sheet. On the upper half of the first page is what is designated at…
2Cases cited7 opinions
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- Barnes v. Fidelity Mutual Life Ass'nSupreme Court of Pennsylvania · 1899
- Morris v. State Mutual Life Assurance Co.Supreme Court of Pennsylvania · 1898
- Fisher v. Fidelity Mutual Life Ass'nSupreme Court of Pennsylvania · 1898
- Rothrock v. GallaherSupreme Court of Pennsylvania · 1879
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Shannon v. CastnerSuperior Court of Pennsylvania · 1902
- Borgon v. John Hancock M. Life Ins.Superior Court of Pennsylvania · 1930
- Moncur v. Western Life Indemnity Co.Supreme Court of Pennsylvania · 1921
- South Side Trust Co. v. Eureka Life Ins.Superior Court of Pennsylvania · 1920
19 more not listed; retrieve them via the Exa API.