Eureka-Maryland Assurance Corp. v. Scalco

The appellant, on March 26th, 1928, issued a policy of insurance for $500 on the life of Sam Scalco, who died April 23rd, 1928, and, upon the appellant’s refusal to pay the beneficiaries (“either parent”), they brought suit, and from a judgment in their favor the insurance company appealed. The policy contains this provision: “This policy contains the entire agreement between the Company and the Insured, and the holder and owner hereof.” The application for the insurance was not offered in evidence, the reason assigned being that it was not a part of the policy, and that for this reason the…