Starck v. Union C. L. Ins.
Supreme Court of Pennsylvania
APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY. No. 267 J- January Term 1890, Sup. Ct.; court below, No. 55 December Term 1889, C. P. On November 27, 1889, George G. Starck, administrator of Joseph E. Starck, deceased, brought assumpsit against the Union Central Life Insurance Company of' Cincinnati, Ohio, upon a policy for $2,000, issued October 21, 1884, by the defendant company, upon the life of the plaintiff’s intestate.
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APPEAL BY DEFENDANT FROM THE COURT OF COMMON PLEAS OF NORTHAMPTON COUNTY. No. 267 J- January Term 1890, Sup. Ct.; court below, No. 55 December Term 1889, C. P. On November 27, 1889, George G. Starck, administrator of Joseph E. Starck, deceased, brought assumpsit against the Union Central Life Insurance Company of' Cincinnati, Ohio, upon a policy for $2,000, issued October 21, 1884, by the defendant company, upon the life of the plaintiff’s intestate. The plaintiff filed an affidavit of claim setting out the policy and averring that the decedent had paid more than five annual premiums thereon,…
1Opinion of the Court
Opinion,
Mr. Justice Stebbett:
In his statement, plaintiff claimed $2,000, the full face value of the policy. The company, in its affidavit of defence, averred that the insured, by reason of his having committed suicide on July 27,1889, violated the eighth condition of his policy, and thereby rendered the same null and void except as to the sum of $74.52, the “reserve value” of the policy, which is protected by the ninth condition thereof. The eighth condition, above referred to, provides, “ that, in ease the insured shall die by his own hand, whether sane or insane, .... this policy shall…
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