Cobb v. Metropolitan Life Insurance

Citations

• 19 Pa. Super. 228
• 1902 Pa. Super. LEXIS 71

Syllabus

<p>Insurance — Life insurance — Statements as to health.</p> <p>Where a person applying for insurance, states in the application that he had not had disease of the lungs and that he had not been under the care of a physician for two years, and the medical examiner of the company testifies, in a suit on the policy, that at the time of the application the insured was in good health, and relatives of the insured with whom he lived testify that prior to the date of the policy the insured had never lost a day’s work on account of illness, the court cannot withdraw the case from the jury because a physician called by the company testifies that shortly before and after the date of the application he had treated the insured as an out patient of a hospital for disease of the lungs.</p> <p>Where the defense is that there was a breach of a material warranty in an application for insurance, the burden of proof rests on the defendant, and, ordinarily, where the party who has the burden of proof relies upon the testimony of witnesses to make out or establish his defense, it is the province of the jury to pass upon the credibility of the witnesses.</p>