Landy v. Philadelphia Life Insurance

Citations

• 78 Pa. Super. 47
• 1921 Pa. Super. LEXIS 336

Syllabus

<p>Life insurance — Delivery of policy — Premium — Payment Toy company’s -agent — Violation of Act of July 12, 1918, P. L. 74-5.</p> <p>Where the application for life insurance, and the policy itself, expressly provide that acceptance of the policy and payment of the premium therefor are required before the policy shall become effective, no contract of insurance is established, where the company’s agent tendered a policy, and a receipt for premium, hut took them away with him because of nonpayment of the premium.</p> <p>Testimony that the company’s agent said that he had paid the premium, for the insured, is not sufficient to establish a payment and delivery, in the face of denial of any such statement by the agent. Such payment, if made, would constitute a violation of the provisions of the Act of July 12, 1913, P. L. 745, on the part of both the agent and the representative of the insured, and the law will not aid in the enforcement of a contract which is in violation of a statute.</p> <p>Life insurance — Delivery of policy — Violation of express condition.</p> <p>A policy for life insurance which provides that it shall only take effect if delivered and accepted while the insured is “in good health” is of no effect, if delivered and accepted when the insured was at the point of death, and such fact was unknown to the insurer. As there can be no recovery on such a policy by a claimant whose evidence established such state of facts, the court below properly entered judgment for defendant non obstante veredicto.</p>