Minuto v. Metropolitan Life Insurance

The plaintiff brought an action in assumpsit to recover double indemnity for the accidental death of Filomeno Di Sano, the insured, under an industrial policy issued to. the latter by the defendant company. To his writ, the plaintiff attached an affidavit of no defense wherein, after referring to the language of the statute, he proceeds to say that: “I can swear to the facts of my own knowledge; and that in my opinion there is no defense to said action; that there are no set-offs, affidavits nor counterclaims to said action.”

The declaration, to which a photostatic copy of the policy is…