March v. Metropolitan Life Insurance

Citations

• 186 Pa. 629
• 40 A. 1100
• 1898 Pa. LEXIS 1051

Syllabus

<p>Insurance — Life insurance — Misrepresentations in application — Act oj June 23, 1885.</p> <p>Under the Act oi' June 23, 1885, P. L. 131, a misrepresentation or untrue statement in an application for insurance, if made in good faith, does not avoid the policy unless it relates to some matter material to the risk. Where the materiality of a statement to the risk involved is itself of a doubtful character its determination should be submitted to the jury.</p> <p>Questions in an application for life insurance relating to insurance in other companies, to the rejection of the applicant by other companies and to the attendance by physicians are all material to the risk, and it is error to submit the question of their materiality to the jury. The act of June 28, 1885, has nothing to do with such questions.</p> <p>An applicant for life insurance was asked the question: “ Have you ever spit blood:’” To this he answered “No,” without any qualification. The evidence showed that he had had an expectoration of blood which was so great as to amount to a hemorrhage. Held, that the question was falsely answered and that the jury should have been so instructed.</p> <p>In an action upon a policy of life insurance, it appeared that the application for the policy contained certain questions and answers as to health. The company presented a point to the effect that the concealment of a serious ailment by tire applicant was a fraud upon the company’s rights. The court affirmed the point with the qualifying remark, “ If those questions were asked.” Held, that the company was entitled to an unqualified affirmance of the point, as the added remark only tended to confuse the jury-</p> <p>In an action upon a policy of life insurance where it appeared that the insured in his application concealed the fact that he had consumption, the company is entitled to an unqualified affirmance of a point to the effect that if the insured had consumption at the time of the delivery of the policy, the co