March v. Metropolitan Life Insurance
Supreme Court of Pennsylvania
Appeal, No. 19, Jan. T., 1898, by defendant, from judgment of C. P. Delaware Co., Dec. T., 1897, No. 47, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Clayton, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 19, Jan. T., 1898, by defendant, from judgment of C. P. Delaware Co., Dec. T., 1897, No. 47, on verdict for plaintiff. Assumpsit on a policy of life insurance. Before Clayton, P. J. The facts appear by the opinion of the Supreme Court. The court charged as follows : This is an action on a policy of insurance upon the life of the wife of the plaintiff. [It is sufficiently proved that she is dead, and, if there has been no false representations made which are material to the risk, the plaintiff is entitled to recover.] [1] There is a distinction between a mere representation, made…
1Opinion of the Court
Opinion by
Mr. Justice Gbeen,
The several assignments of error in this case raise practically the same question. That question arises upon the reading of the Act of June 28, 1885, P. L. 134. The first section provides : “ Whenever the application for a policy of life insurance contains a clause of warranty of the truth of the answers therein contained, no misrepresentation or untrue statement in such application made in good faith by the applicant shall effect a forfeiture or be a ground of defense in any suit brought upon any policy of insurance issued upon the faith of such application,…
2Cases cited7 opinions
- Hermany v. Fidelity Mut. Life Ass'nSupreme Court of Pennsylvania · 1892
- Wall v. Royal Society of Good FellowsSupreme Court of Pennsylvania · 1897
- U. B. Mutual Aid Soc. v. O'HaraSupreme Court of Pennsylvania · 1888
- Mengel v. Northwestern Mutual Life InsuranceSupreme Court of Pennsylvania · 1896
- Commonwealth Mutual Fire Insurance v. HuntzingerSupreme Court of Pennsylvania · 1881
2 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Elfstrom v. New York Life InsuranceCalifornia Supreme Court · 1967
- N.Y. Life Ins. Co. v. Brandwene Et Ux.Supreme Court of Pennsylvania · 1934
- Suravitz v. Prudential InsuranceSupreme Court of Pennsylvania · 1914
- Mutual Life Ins. v. DibrellTennessee Supreme Court · 1916
40 more not listed; retrieve them via the Exa API.