Miller v. National Casualty Co.

Citations

• 62 Pa. Super. 417
• 1916 Pa. Super. LEXIS 441

Syllabus

<p>Insurance — Accident insurance — Misrepresentations — Application.</p> <p>Where in an action on a policy of accident insurance, it appears that by the terms of the policy an allowance of $60.00 per month was provided for in case of total disability, and a principal sum of $600.00 in case of death, a misrepresentation in the application -as to the insured’s earning power which affected only the monthly allowance will not in itself defeat an action for death. In such a case if there is any doubt, through the obscure wording of the policy, as to whether the misrepresentation was material to the risk, the case is for the jury.</p> <p>Where in such a case the deceased stated in his application that he received an income per month 33 1-3 per cent in excess of $60.00 per month, and the company shows at the trial that the deceased was paid a salary by his employer less than $60.00 per month for a day from 8: 30 a. m. to 5: 30 p. m., but fails to show that he did not earn more by other work, the court will not say as a matter of law, that there was a misrepresentation, but will leave the ease to the jury.</p> <p>The difference between a warranty, and a misrepresentation in an application for insurance, is that a warranty must be literally true, without regard to its materiality to the risk, while a misrepresentation must be true only so far as it is material to the risk.</p>