Clark v. Metropolitan Life Ins.

Citations

• 62 Pa. Super. 192
• 1916 Pa. Super. LEXIS 385

Syllabus

<p>Insurance — Life insurance — Evidence—Contradiction of statements in application — Case for fury.</p> <p>In an action on a policy of life insurance where the plaintiff presents a prima facie case, and the defendant sets up false representations as to health in the application, the testimony of a physician which is directly contrary to the statement in the application, is not necessarily to be believed, although it is uneontradicted, and the case must be submitted to the jury to pass upon the credibility of the witness.</p> <p>The condition of health of an insured at a particular time is usually, and almost necessarily, a question of fact to he submitted to the jury under proper instructions.</p>