Clemens v. Metropolitan Life Insurance
Superior Court of Pennsylvania
Appeal, No. 75, April T., 1902, by defendant, from judgment of C. P. No. 1, Allegheny Co., September T., 1900, No. 104, on verdict for plaintiff in case of Barbara Clemens v. Metropolitan Life Insurance Company of New York. Assumpsit on a policy of life insurance. Before Collier, J. At the trial it appeared that tbe company claimed that the policy was void by reason of misrepresentations as to occupation and health.
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Appeal, No. 75, April T., 1902, by defendant, from judgment of C. P. No. 1, Allegheny Co., September T., 1900, No. 104, on verdict for plaintiff in case of Barbara Clemens v. Metropolitan Life Insurance Company of New York. Assumpsit on a policy of life insurance. Before Collier, J. At the trial it appeared that tbe company claimed that the policy was void by reason of misrepresentations as to occupation and health. There was evidence that at the time of the application the insured was drawing sick benefits from the St. Aloysius Society of St. Michael’s Church. Defendant made the following…
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff brought suit to recover on an insurance policy issued by the defendant July 28, 1897, on the life of Andrew Clemens, her husband; in which policy it is provided: “ Third. After two years this policy shall be noncontestable, except for the nonpayment of premiums as stipulated or for fraud.” Andrew Clemens died March 25,1900, and it was admitted in the affidavit of defense offered in evidence on the trial that the plaintiff had “ from time to time paid or caused to be paid eacli and every of the premiums which fell due upon the said policy, and in all other…
2Cases cited1 opinion
- Barnes v. Fidelity Mutual Life Ass'nSupreme Court of Pennsylvania · 1899
3Cited by8 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Livingood v. New York Life Ins. Co.Supreme Court of Pennsylvania · 1926
- Boltz v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1937
- Ratkovic v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1937
- Supreme Lodge Knights & Ladies of Honor v. BakerSupreme Court of Alabama · 1909
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