Mengel v. Northwestern Mutual Life Insurance

Citations

• 176 Pa. 280
• 35 A. 197
• 1896 Pa. LEXIS 1069

Syllabus

<p>Insurance — ■ Warranty — Materiality thereof.</p> <p>In an application for life insurance the insured stated that he had always been temperate; that he had consulted a physician within about a year for light influenza. Pie died four months after the policy was issued, and his administrator, in the proofs of death, showed by the affidavit of the same physician that, during five years preceding the applicant’s death, he had attended him for vomiting and nausea caused by overdrinking; and it was the uncontradicted evidence of the said physician that he had attended the applicant within four months prior to the application and prescribed for vomiting aud nausea induced by drunkenness. Held, that the undisputed facts showed such breach of a material warranty as to require the court to direct a verdict for the defendant.</p>