Matthews v. Fidelity Mut. Life Ins.

Citations

• 66 Pa. Super. 367
• 1917 Pa. Super. LEXIS 267

Syllabus

<p>Insurance — Life insurance — Certificate of loan — Lien on policy —Parol evidence to vary written instrument — Absence of fraud— Evidence.</p> <p>In an action upon a policy of life insurance by the insured to recover the surrender value upon the maturity of the policy, the defendant company may offer in evidence a certificate - of loan executed contemporaneously with the policy in which it is stated that the insured had borrowed on the policy a sum stated which was to be a lien against the policy, and be deducted from the results of the policy at the end of the distribution payment period; and the plaintifE will not be permitted to show by paról evidence that there was no consideration for the certificate, or that he had never borrowed the money referred to therein, unless he also shows that he was induced to sign the paper by fraud practiced upon him at the time.</p>