Legal Opinion

Stawecka v. John Hancock Mutual Life Insurance

Superior Court of Pennsylvania

Decided December 18, 1916No. Appeal, No. 12Published

Appeal, No. 12, Oct. T., 1916, by defendant, from judgment of Municipal Court, Philadelphia Co., Sept. T., 1915, No. 201, on verdict for plaintiff in case of Michael Stawecka v. John Hancock Mutual Life Insurance Company. Assumpsit on a policy of life insurance. The case was tried by Gilpin, J., without a jury. The facts are stated in the opinion of the Superior Court. Judgment for plaintiff for $258.60. Defendant appealed.

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Appeal, No. 12, Oct. T., 1916, by defendant, from judgment of Municipal Court, Philadelphia Co., Sept. T., 1915, No. 201, on verdict for plaintiff in case of Michael Stawecka v. John Hancock Mutual Life Insurance Company. Assumpsit on a policy of life insurance. The case was tried by Gilpin, J., without a jury. The facts are stated in the opinion of the Superior Court. Judgment for plaintiff for $258.60. Defendant appealed. Error assigned was in entering judgment for plaintiff.

1Opinion of the Court

Opinion by

Williams, J.,

This was an action upon a policy of life insurance and was tried by a judge of the court below without a jury.

The plaintiff, the beneficiary and husband of the insured, testified that the deceased could not speak English; that when the company’s medical examiner made an examination of the applicant he asked only two questions, viz: her age and her occupation, and that he (the husband) had answered for her that she was twenty-five years old and did housework; that the wife thereupon' signed the application; and that the insured was well and healthy when she made the…

2Cases cited6 opinions

  1. Suravitz v. Prudential InsuranceSupreme Court of Pennsylvania · 1914
  2. Murphy v. Prudential Insurance Co. of AmericaSupreme Court of Pennsylvania · 1903
  3. Rigby v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1913
  4. Clark v. Metropolitan Life Ins.Superior Court of Pennsylvania · 1916
  5. Stewart v. General Accident InsuranceSuperior Court of Pennsylvania · 1907

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