McCaffrey v. Knights

Citations

• 213 Pa. 609
• 63 A. 189
• 1906 Pa. LEXIS 545

Syllabus

<p>Beneficial associations — Insurance—Application—Misstatement—Bisk— Married worn,an — Affidavit of defense.</p> <p>In an action against a beneficial association to recover death benefits, it appeared that the member was a married woman, and that at the time she made application for membership she was nineteen years old, and had been ten months married. The constitution and by-laws of the association provided that married women might bo members, and a condition printed on the back of the certificate showed clearly that the association anticipated the probability of the pregnancy of such a member during the life of the policy. An affidavit of defense filed by the association set up that the deceased falsely stated that she was not pregnant at the time the application was made. The affidavit asserted that she was pregnant, and that a few months afterwards she gave birth to a child, and “thereafter died from the effects of illness contracted during the time of her confinement.” The affidavit averred merely that this statement was material to the risk, but did not set forth any facts to show that this was the case, or that the association would have refused the risk, or increased the premium, if it had known the truth. Held, that the court committed no error in entering judgment for want of a sufficient affidavit of defense.</p> <p>A fact is material, to the risk when, if known to the underwriter it would have caused him to refuse the risk, or would have been a reason for his demanding a higher premium.</p>