Dominco v. Prudential Insurance Co. of America

Citations

• 49 Pa. Super. 156
• 1912 Pa. Super. LEXIS 300

Syllabus

<p>Insurance — Life insurance — Premiums—Premium receipt book— Failure to enter premiums.</p> <p>1. A provision in a life insurance policy that “payments to be recognized by the company must be entered at the time of payment in the premium receipt book belonging with this policy,” cannot be used to defeat the policy where it appears that the company, through its agent, actually received the premiums and by fraud, accident or mistake they were not entered in the book.</p> <p>2. In an action on such a policy where the plaintiff shows that the policy in question was on the life of his wife, and that there was also another policy on his wife’s life and one on his own life in the same company, and that after a dispute had arisen during his wife’s lifetime as to an abandonment of one of the policies, the company had requested the possession of the book so as to adjust the matter, and that the plaintiff had regularly paid the premiums while the company had possession of the book, the plaintiff has sufficiently explained the omission of entries in the receipt book during the time it was out of his possession, and has presented a case which the court is bound to submit to the jury.</p>