Harkins v. Pennsylvania Mutual Life Insurance

Citations

• 67 Pa. Super. 261
• 1917 Pa. Super. LEXIS 382

Syllabus

<p>Insurance — Life insurance — Affidavit of defense — Averments as to health.</p> <p>When a policy of life insurance is issued upon the faith of misrepresentations as to material facts, which the insured knows to he untrue, the insurer may defend upon that ground; but in order to prevent judgment it is necessary that the affidavit of defense shall not only aver that there has been misrepresentations, hut must state the facts, The variance between the representations and the facts should he fully set forth.</p> <p>Where a policy of life insurance is sued upon, and the application containing various averments as to health, is attached to the policy, an affidavit of defense is insufficient, which merely avers that the insured “made false and untrue statements in her said application, as to being in sound health, as to statements concerning attending physicians, and as to previous condition of health.”</p>