Schwartz v. Metropolitan Life Insurance
Superior Court of Pennsylvania
Appeal, No. 188, April T., 1897, by defendant, from judgment of C. P. No. 2, Allegheny County, Oct. Term, 1895, No. 662, on verdict for plaintiff. Assumpsit on policy of life insurance. Before Greer, P. J., of the 50th judicial district, specially presiding.
Read the full summary
Appeal, No. 188, April T., 1897, by defendant, from judgment of C. P. No. 2, Allegheny County, Oct. Term, 1895, No. 662, on verdict for plaintiff. Assumpsit on policy of life insurance. Before Greer, P. J., of the 50th judicial district, specially presiding. Plaintiff sought to recover on a policy of life insurance dated September, 18,1893. On the trial evidence was produced tending to show that insurer was not only not in sound health at the date of the policy, but for more than one year prior to the date thereof was suffering from chronic incurable diabetes. Yerdict for plaintiff for…
1Opinion of the Court
Opinion by
Orlady, J.,
The husband of the plaintiff was insured in the defendant company, under a policy containing a stipulation as follows’: “ Provided, however, that no obligation is assumed by this company, prior to the date hereof, unless on such date the insured is living and in sound health,” which furnishes the basis of the defense in this action. It was contended by the company that at the time of the issuance of the policy and for a considerable time prior thereto Peter Schwartz, the husband of Mrs. Bertha Schwartz had been suffering from diabetes ; and proof was adduced on the trial…
2Cited by3 opinions
- Connell v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1901
- Horne v. John Hancock Mutual Life InsuranceSuperior Court of Pennsylvania · 1913
- Smith v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1898