McCaslin v. Metropolitan Life Insurance

Citations

• 59 Pa. Super. 475
• 1915 Pa. Super. LEXIS 103

Syllabus

<p>Insurance — Life insurance — Application attached to policy — Act of May 11, 1881, P. L. SO — Misrepresentation.</p> <p>In. an action upon a policy of life insurance where the defendant alleges misrepresentations in the application, but the plaintiff avers that the paper attached to the policy was merely a copy of the original application and produces a paper which the testimony of a number of witnesses tends to show was the original application, and an inspection of the papers shows that the paper not attached to the policy represented that the mother of the insured died at the age of forty-two while that attached stated that she died at the age of forty-five, and the jury by its verdict establishes the fact that the original application was not attached to the policy, all offers of evidence relating to misrepresentations as to the 'health of the insured made in the application are irrelevant and immaterial.</p>