Barnes v. Fidelity Mutual Life Ass'n
Supreme Court of Pennsylvania
Appeal, No. 48, Jan. T., 1899, by-defendant, from judgment of C. P. Luzerne Co., May T., 1894, No. 304, on verdict for plaintiff. Assumpsit on policy of life insurance.
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Appeal, No. 48, Jan. T., 1899, by-defendant, from judgment of C. P. Luzerne Co., May T., 1894, No. 304, on verdict for plaintiff. Assumpsit on policy of life insurance. Before Lynch, J. The evidence shows that plaintiff’s husband, while in good health, applied for a policy of life insurance in defendant company for 15,000. The application for insurance contained the following representations: “ The first section provides: I hereby apply to the Fidelity Mutual Life Association of Philadelphia, Pa., for a policy of insurance to be issued in pursuance of this application. “ 2d. I certify that my…
1Opinion of the Court
Opinion by
Mb,. Chief Justice Stebbett,
This appeal from the judgment entered in an action on a life insurance policy issued by the defendant association, and dated November 14, 1893, presents the single question: Whether there was sufficient evidence of “good health” of the insured, at the time the policy was delivered, to go to the jury ?
On October 30,1893, plaintiff’s husband made application to defendant association for insurance on his life in the sum of 15,000, payable upon his death to his wife, the plaintiff in this suit. Among other representations, the application contains the…
2Cases cited3 opinions
- Cushman v. United States Life InsuranceNew York Court of Appeals · 1877
- Keatley ex rel. Nixon v. Travelers' InsuranceSupreme Court of Pennsylvania · 1898
- Smith v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1898
3Cited by33 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Life & Casualty Ins. v. KingTennessee Supreme Court · 1917
- French v. Fidelity & Casualty Co.Wisconsin Supreme Court · 1908
- Hines v. Kansas City Life Ins. Co.Court of Appeals of Texas · 1924
- Livingood v. New York Life Ins. Co.Supreme Court of Pennsylvania · 1926
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