Baldi v. Metropolitan Life Insurance

Citations

• 30 Pa. Super. 213
• 1906 Pa. Super. LEXIS 50

Syllabus

<p>Insurance — Life insurance — Proofs of death as evidence.</p> <p>Where in an action on a policy of life insurance, the plaintiff offers the proofs of death for the sole purpose of showing that the condition precedent to the right to sue, namely, furnishing the company sufficient proof of death, had been performed, and the defendant offers no evidence, the latter cannót use the proofs of death as a basis for a motion for nonsuit, on the ground that the proofs of death contained unexplained and uncontradicted statements showing on the face of the papers a breach of the condition relating to the statements of the insured in his application.</p> <p>Where proofs of death are offered and admitted specially, they are not in evidence for any and every conceivable purpose for which such documents may be introduced in an action on the policy.</p> <p>It is within the power of the court to control the order of evidence by admitting the proofs of death for the single and exclusive purpose of determining whether they comply with the requirements of the policy, and postponing comparison of the statements contained in them with the statements contained in the application until they are offered for that purpose by the defendant.</p>