Benseman v. Prudential Insurance Co. of America

Citations

• 13 Pa. Super. 363
• 1900 Pa. Super. LEXIS 161

Syllabus

<p>Life insurance — Policy—Adjustment—Evidence—-Receipts—Parol variation of ivrilten instrument.</p> <p>A receipt in full for all claims under a policy of life insurance, though not conclusive, is always prima facie evidence of settlement, and should not be varied or set aside but for weighty reasons, especially after a lapse of time.</p> <p>Where a policy of life insurance provided that in case the age of the-insured shall have been understated by mistake, the sum insured will be-reduced to the amount the premium would pay for at the true age, and it appears prima facie from the proofs of death that the age of the insured was understated in the policy, and there is no evidence to the contrary, a receipt acknowledging payment of the sum that the premiums would have paid for if the age of the insured was as set forth in the proofs, “which payment is in full for all claims against said company under ” the policy will bar recovery for the difference between the amount paid and the face of the policy unless the plaintiff shows by clearly preponderating testimony that the payment was merely an account, and that. the receipt was not what it purported to be, a settlement in full of all claims under the policy.</p>