Doll v. Prudential Insurance Co. of America

Citations

• 21 Pa. Super. 434
• 1902 Pa. Super. LEXIS 378

Syllabus

<p>Insurance — Life insurance — Statement as to age.</p> <p>In an action upon a life insurance policy brought more than three years after its date, it appeared that the policy covenanted to pay a certain sum as provided in a designated schedule. The schedule provided as follows: “ Sum insured on the above terms and subject to correction for misstatement of age, $110.” The policy was by its terms incontestable after three years. The affidavit of defense averred that the insured made a mistake in giving her age, and that the company was willing to pay only the amount of insurance purchased by her premiums based on her true age, the correction being made in pursuance of the schedule. The court below entered judgment for the plaintiff on the ground that the company was liable for the amount indicated by the numerals in the policies, and that to permit a correction as required by the defendant would be to violate the clause providing for incontestability. Held, to be error.</p>