Cornelius v. Central Accident Insurance

Citations

• 218 Pa. 532
• 67 A. 840
• 1907 Pa. LEXIS 566

Syllabus

<p>Trial — Charge—Assignments of error.</p> <p>A charge is not to be judged by detached sentences, but is to be taken as a whole. If the charge considered as a whole presents a fair and full presentation of the issue of the facts involved, the appellate court will not reverse.</p> <p>Insurance — Accident insurance — Income of insured- — Agent of company as policy holder.</p> <p>An agent of an accident insurance company was instructed not to take applications for policies that provided for a weekly indemnity greater than three-fourths of the weeldy wages or income of the insured. He took out a policy in his own name, but neither in the application nor in the policy was there any statement as to his income. The company claimed that the insured had procured policies for himself in excess of the three-fourths limitation. It appeared that the income from the insured was from his earnings as an attorney at law, and as an insurance solicitor. It was uncertain in amount, and his weekly receipts were at times less, and at other times more than would warrant an applicatian for the’amount of indemnity for which he applied. The court charged that, if in making his application the insured acted in good faith with no intention to obtain overinsurance, or to defraud the company, he could recover, otherwise he could not. Held that the instruction was proper, and that a verdict and judgment for the plaintiff should be sustained.</p>