Janco v. John Hancock Mutual Life Insurance

Opinion by

Arnold, J.,

Plaintiff brought this action of assumpsit as the beneficiary of a life insurance policy issued by the defendant, and the plaintiff’s statement averred, inter alia, the death of the insured, and attached a copy of the policy. The defendant denied liability upon the sole ground of exclusion clauses attached to the policy. This was an affirmative defense: 46 C. J. S. Insurance §1297 (b), page 354. The facts upon which it was based were correctly set up as “New Matter”. The plaintiff filed a reply admitting these facts and the defendant moved for judgment, alleging that but…