Fidelity Title & Trust Co. v. Metropolitan Life Ins.
Superior Court of Pennsylvania
Appeal, No. 150, April T., 1916, by defendant, from judgment of C. P. Allegheny Co., April T., 1914, No. 1271, on verdict for plaintiff, in case of Fidelity Title & Trust Company, Administrator of Owen Hines, deceased, v. Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. Before Carnahan, J. At the trial the defendant claimed that the insured misstated in the application certain facts as to the last time that he had had medical services.
Read the full summary
Appeal, No. 150, April T., 1916, by defendant, from judgment of C. P. Allegheny Co., April T., 1914, No. 1271, on verdict for plaintiff, in case of Fidelity Title & Trust Company, Administrator of Owen Hines, deceased, v. Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. Before Carnahan, J. At the trial the defendant claimed that the insured misstated in the application certain facts as to the last time that he had had medical services. The plaintiffs admitted that the application did not correctly present all the facts, but the widow and two other witnesses…
1Opinion of the Court
Opinion by
Kephart, J.,
This is an action to recover on a policy of insurance. Appellant defends on the ground of false answers to the interrogatories in the “statements made to the medical examiner,” and further contends that the evidence tending to show that the answers to the interrogatories were not written down as given to the agent was not sufficient to overcome the effect of the false answers. The controversy arose in connection with the answer to the ques*364tion as to the last time that medical services had been required. In the statement it was given as “three years ago” and for a “cold,”…
2Cases cited10 opinions
- Suravitz v. Prudential InsuranceSupreme Court of Pennsylvania · 1914
- Kister v. Lebanon Mutual Ins., Pennsylvania Court of Common Pleas, York County1889
- Dowling v. Merchants InsuranceSupreme Court of Pennsylvania · 1895
- Eilenberger v. Protective Mutual Fire InsuranceSupreme Court of Pennsylvania · 1879
- Susquehanna Mutual Fire Insurance v. CusickSupreme Court of Pennsylvania · 1885
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Roney v. Clearfield County Grange Mutual Fire InsuranceSupreme Court of Pennsylvania · 1938
- Panopoulos v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1929
- Scull, Sr. v. Scull, Jr.Superior Court of Pennsylvania · 1933
- Soroko v. Woodmen of WorldSuperior Court of Pennsylvania · 1921
- Stein v. New York Life InsuranceSuperior Court of Pennsylvania · 1934