Crawford v. Travelers' Insurance

Citations

• 263 Pa. 232
• 106 A. 206
• 1919 Pa. LEXIS 405

Syllabus

<p>Insurance — Accident insurance — Change of occupation — Evidence — Proofs of loss — Question for jury.</p> <p>1. In an action on a policy of accident insurance refusal to admit in evidence affidavits attached to proofs of loss, for the purpose of proving that the insured was engaged in a hazardous occupation, is not prejudicial error, where the insurance company assumes the burden of proving that the insured was performing work pertaining to a more hazardous occupation than that for which he was insured and for that purpose called as a witness a person who had made one of the affidavits attached to the proofs of loss and it appeared that the affidavits contained no statements inconsistent with the testimony given by the witness.</p> <p>2. Issues arising out of the evidence as to whether the insured, at the time he was injured, had changed his occupation or was engaged in an act pertaining to an occupation more hazardous than that for which he was insured, are for the jury to determine under proper instructions.</p>