Curran v. National Life Insurance Co. of the United States

Citations

• 251 Pa. 420
• 96 A. 1041
• 1916 Pa. LEXIS 480

Syllabus

<p>Insurance — Accident insurance — Unsigned beneficiary supplement— Extra premium — Nonpayment — •Rebate — Act of May 8, 1909, P. L. Jf05 — Beneficiary clause — Construction—Death of beneficiary — Case for fury.</p> <p>1. Where a policy of insurance provides that no change therein should be valid unless endorsed by an officer of the company, and the policy with an unsigned supplement or rider attached is duly delivered to the insured, the supplement will be construed as part of the contract, notwithstanding any provisions to the contrary in the policy; the insurance company in such case will be taken to have waived the signing of'the supplement by an officer.</p> <p>2. A policy of accident insurance required the payment of thirty cents additional premium for beneficiary insurance, which was paid by the insured. Upon the expiration of the policy another was issued naming a consideration which included the additional premium charged for beneficiary insurance; subsequently the policy was annually renewed with a beneficiary clause attached as a rider, but the premium fixed in the policy did not include the extra sum charged for beneficiary insurance. In an action on the policy brought by the insured to recover fox the death of the beneficiary, it appeared that accident companies did not have a fixed schedule of rates for beneficiary insurance; that the lower rate was allowed plaintiff with the consent of the secretary of defendant company, and that the reduction was not made as an inducement to take out the insurance, as the policy had already been renewed. Held, that plaintiff was not precluded from recovery by the Act of May 3, 1909, P. L. 405, prohibiting the giving of any bonus or rebate not specified in the contract, as an inducement to persons to become insured.</p> <p>3. In such case it appeared that the beneficiary clause extended the policy so as to cover bodily injury to the beneficiary “in consequence of the burning of a building while said beneficiary is th