Schaffner v. Equitable Life Assurance Society of the United States

Elizabeth Schaffner brought an action in assumpsit against Equitable Life Assurance Society of the United States to recover $1,000, as beneficiary under the double indemnity provisions of a life insurance policy issued by defendant on the life of Louis M. Schaffner. The cause was heard by the court without a jury, resulting in findings and judgment for plaintiff of $1,100. Defendant appealed.

Following Schaffner’s death defendant paid plaintiff $1,000, but refused to pay the additional $1,000 of insurance claimed under the following provisions of the policy:

“The increased amount of insurance,…