Console v. Prudential Insurance

Citations

• 67 Pa. Super. 52
• 1917 Pa. Super. LEXIS 339

Syllabus

<p>Insurance — Life insurance — Stipulation as to sound health— Presumption — Evidence.</p> <p>Where a policy of life insurance provides that the policy “shall not take effect if the insured die before the date thereof, or if on such date the insured be not in sound health, “and it appears that the policy was delivered to the insured, and the first premium and many subsequent ones were paid, the burden is on the insurance company in an action on the policy to show that the insured was not in sound health on the date of the policy. If, in such an action, the plaintiff makes out a prima facie case without offering any proof as to health, and the defendant offers no evidence, there is no presumption that the insured was not in sound health at the time of the delivery of the policy, and judgment will be entered for the plaintiff.</p>