Lutz v. Metropolitan Life Insurance

Citations

• 186 Pa. 527
• 40 A. 1104
• 1898 Pa. LEXIS 1038

Syllabus

<p>Insurance — Life insurance — Untrue answers in application — Question for jury — Act of June 23, 1885.</p> <p>In an action upon a life insurance policy where the undisputed evidence is that the insured in his application had falsely stated that he never had any illness, and had not consulted a physician, it is error for the court to submit the question of thé materiality of the answers in the application, to the jury. Whore it is doubtful whether the matter is material the question of materiality must be submitted to the jury, but where the answer is false and the matter involved is palpably and manifestly material to the risk, as in answers as to health, the Act of June 23, 1885, P. L. 134, has no application.</p>