McCall v. Girard Life Insurance

Citations

• 273 Pa. 539
• 117 A. 215
• 1922 Pa. LEXIS 611

Syllabus

<p>Insurance — Life insurance — Payment of premiums — Evidence.</p> <p>1. In an action on life insurance policies, where the defense is that premiums had not been paid in full, and it appears such payments were made through a bank, acting for defendant company, it is reversible error for the court to submit to the jury a payment credited to another party than the assured, but with the same surname, without any proof produced by plaintiff to show that they were one and the same person and that the mistake was in name only.</p> <p>2. In such case, where it appears payments were made to the bank not only on account of premiums, but also on account of installments on a building and loan association loan, for which the policy was taken out as security, and where plaintiff contends that a particular payment had been credited on an installment on the loan, whereas it should have been applied in part on the premises, it is reversible error for the court to permit the jury, without any evidence to prove that a mistake had been made, to consider such item in determining whether or not premiums had been paid.</p> <p>3. In such case, in view of the arrangement between the parties as to the payments on account of premiums and installments, it was proper to admit evidence of payments made to the building and loan association.</p> <p>4. A letter written by an insurance company before suit brought on a policy, giving a reason for its contention that the policy had lapsed, is admissible in evidence in a suit on the policy.</p>