Fidelity Title & Trust Co. v. Illinois Life Insurance Co.

Citations

• 213 Pa. 415
• 63 A. 51
• 1906 Pa. LEXIS 498

Syllabus

<p>Insurance —■ Life insurance — Policy — Application — Evidence — Act of May 11, 1881, P. L. 20.</p> <p>In an action upon a policy of life insurance it appeared that on the face of the policy was the following language: “See copy of application inside, and if errors or omissions are found therein note the same, and return the same to the company for correction.” No application appeared upon the policy offered in evidence, and no explanation for its absence was given. The evidence tended to show that the application had been omitted from the policy by mistake. The statement of claim contained an express averment that the copy filed was a true copy, and that the insured had performed all the covenants of the instrument. The affidavit of defense admitted the issuing of the policy, but alleged fraudulent misrepresentation in procuring it. The affidavit did not deny that the policy was the entire contract. A supplemental affidavit of defense made by the same officer who swore to the original one, merely stated that the affiant did not know at the time the original affidavit was made that the copy of the application had not been filed with the copy of the policy. Held, (1) that the policy was properly admitted in evidence; (2) that the company could not show by it that the payment of the first premium had not been paid while the insured was in good health, in violation of a condition of the policy; (3) that the company could not show that a statement made by the insured in the application as to his health was false; (4) that neither the contents of the application, nor the application itself were admissible in evidence on the part of the defendant.</p> <p>In an action upon a policy of life insurance where the insurance company shows that a person of exactly the same name as the insured was rejected by another company, it must further show that such person was in fact the insured.</p>