Benseman v. Prudential Insurance Co. of America
Superior Court of Pennsylvania
Appeal, No. 185, Oct. T., 1898, by defendant, from judgment of C. P. Schuylkill Co., Sept. T., 1896, No. 149, on verdict for plaintiff. Opinion by Rice, P. J. Assumpsit on policy of life insurance. The facts appear in the opinion of the court. The court charged in pat't as follows: Whatever dispute there was between the parties had reference to the age of Mrs. Smith at the time she was insured.
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Appeal, No. 185, Oct. T., 1898, by defendant, from judgment of C. P. Schuylkill Co., Sept. T., 1896, No. 149, on verdict for plaintiff. Opinion by Rice, P. J. Assumpsit on policy of life insurance. The facts appear in the opinion of the court. The court charged in pat't as follows: Whatever dispute there was between the parties had reference to the age of Mrs. Smith at the time she was insured. The first question that arises for your determination is whether, when the $856.68 was paid over to Charles Benseman, the administrator of Mrs. Smith’s estate, it was paid in settlement of the claim of…
1Opinion of the Court
Opinion by
Rice, P. J.,
This was an action of assumpsit upon two policies of insurance issued upon the life of Mary Smith who died on September 19, 1895. In the first policy, dated November 4, 1889, her age was stated as being forty-five years; in the second, dated June 16, 1890, it was stated as being forty-six years.
One of the agreements indorsed on the policies and made part of the same reads: “ In case the age of the insured shall have been understated by mistake, the sum insured will be reduced to the amount the premium would pay for at the true age.”
It was stated in one of the…
2Cases cited8 opinions
- Connecticut Mutual Life Insurance v. SchwenkSupreme Court of the United States · 1877
- Sargeant v. National Life InsuranceSupreme Court of Pennsylvania · 1899
- Fisher v. Fidelity Mutual Life Ass'nSupreme Court of Pennsylvania · 1898
- Hamsher v. KlineSupreme Court of Pennsylvania · 1868
- In re Estate of RhoadsSupreme Court of Pennsylvania · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Flaccus v. WoodSupreme Court of Pennsylvania · 1918
- Holleran v. Life Assurance Co. of AmericaSuperior Court of Pennsylvania · 1902
- Baldi v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1904
- Daly v. DallmeyerSuperior Court of Pennsylvania · 1902
3 more not listed; retrieve them via the Exa API.