Legal Opinion

White v. Metropolitan Life Insurance

Superior Court of Pennsylvania

Decided April 20, 1903No. Appeal, No. 75PublishedCited by 19 opinions

Appeal, No. 75, Oct. T., 1902, by defendant, front judgment of C. P. No. 2, Phila. Co., June T., 1897, No. 554, on verdict for plaintiff in case of John J. White Administrator of Phillip Callaghan, Deceased, v. Metropolitan Life Insurance Company. Assumpsit upon a policy of life insurance. The facts are stated in the opinion of the Superior Court. Defendant presented the following points : . 1. Under all the evidence your verdict must be for the defendant.

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Appeal, No. 75, Oct. T., 1902, by defendant, front judgment of C. P. No. 2, Phila. Co., June T., 1897, No. 554, on verdict for plaintiff in case of John J. White Administrator of Phillip Callaghan, Deceased, v. Metropolitan Life Insurance Company. Assumpsit upon a policy of life insurance. The facts are stated in the opinion of the Superior Court. Defendant presented the following points : . 1. Under all the evidence your verdict must be for the defendant. Answer: Refused. [4] 2. As the original policy had lapsed and become void, in accordance with, its terms, it could be revived only by…

1Opinion of the Court

Opinion by

Rice, P. J.,

The policy in suit was issued and accepted subject to the following provision indorsed upon the back of it, and made part thereof by express reference: “ Should the policy become void in consequence of nonpayment of premium, it may be revived, if not more than fifty-two payments are due, upon payment of all arrears and the presentation of evidence satisfactory to the company of the sound health of the insured.” This was designated as one of the “ privileges and concessions to policy holders.” Payments of the weekly premiums of fifteen cents each ceased on June 15, 1896,…

2Cases cited6 opinions

  1. Pennsylvania Fire Insurance v. DoughertySupreme Court of Pennsylvania · 1883
  2. Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
  3. Lebanon Mutual Insurance v. ErbSupreme Court of Pennsylvania · 1886
  4. Snowden v. Kittanning Ins.Supreme Court of Pennsylvania · 1888
  5. Weiss v. American Fire InsuranceSupreme Court of Pennsylvania · 1892

1 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Malchinsky v. Mutual Life InsuranceSuperior Court of Pennsylvania · 1926
  2. Fishman v. Eureka-Maryland Assurance Corp.Superior Court of Pennsylvania · 1935
  3. Geha v. Baltimore L. Ins. Co.Superior Court of Pennsylvania · 1933
  4. McGrine v. Industrial Health, Accident & Life InsuranceSuperior Court of Pennsylvania · 1936
  5. Umbras v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1938

14 more not listed; retrieve them via the Exa API.

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