Legal Opinion

Cobb v. Metropolitan Life Insurance

Superior Court of Pennsylvania

Decided January 21, 1902No. Appeal, No. 29PublishedCited by 4 opinions

Appeal, No. 29, Oct. T., 1901, by defendant, from judgment of C. P. No. 1, Phila. Co., June T., 1900, No. 1162, on verdict for plaintiff in ease of Henry Cobb v. Metropolitan Life Insurance Company. Assumpsit on a policy of life insurance. Before Beitler, J. The facts appear by the opinion of the Superior Court. The court refused binding instructions for defendant. Verdict and judgment for plaintiff for $121. Error assigned was in refusing binding instructions for defendant.

1Opinion of the Court

Opinion by

Rice, P. J.,

This was an action on a policy of life insurance. The plaintiff made out a prima facie case and rested. The defense was that certain statements of the insured in his application, namely, that he was in sound health, that he had not had disease of the lungs, that he had not been under the care of a physician within two years, and that he had never been under treatment in any. dispensary or hospital, which statements were made warranties, were false. The only matter assigned as error is the refusal of the court to charge the jury that under all the evidence their verdict…

2Cases cited1 opinion

  1. Lonzer v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1900

3Cited by4 opinions

  1. Clark v. Metropolitan Life Ins.Superior Court of Pennsylvania · 1916
  2. Miller v. National Casualty Co.Superior Court of Pennsylvania · 1916
  3. Nesbitt v. HerbertSuperior Court of Pennsylvania · 1914
  4. Piacine v. National Life Insurance Co. of United States, Pennsylvania Court of Common Pleas, Schuylkill County1930

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