Custer v. Fidelity Mutual Aid Ass'n

Citations

• 211 Pa. 257
• 60 A. 776
• 1905 Pa. LEXIS 448

Syllabus

<p>Insurance—IAfe insurance—Application—Evidence—Custom—Act of May 11, 1881, P. L. 20.</p> <p>It is the duty of an insurance company to attach a copy of the application and by-laws to a policy of insurance, and, unless it is attached, they are not a part of the contract of insurance, and are not evidence on the part of the insurance company in an action by the beneficiary on the policy; nor in an action by the company to enforce against the insured the payment of assessments levied in pursuance of their provisions.</p> <p>An insurance company cannot show that the application and by-laws had been attached to a particular policy at the time it was issued by proving the method and custom of the company in attaching a copy of the applies tion and by-laws when policies were issued.</p>