Mowry v. National Protective Society

Citations

• 27 Pa. Super. 390
• 1905 Pa. Super. LEXIS 71

Syllabus

<p>Insurance — Life insurance — Fraud—Payment—Receipt —• Misrepresentations of agent — Tender of money.</p> <p>Where a woman who is the beneficiary in a policy of life insurance on the life of her deceased husband, is induced by misrepresentations of the company’s agent to accept the agent’s statement of the terms of the policy which she does not have at hand, and to accept and receipt for the amount claimed by the agent to be due thereunder, the beneficiary may, after the discovery of the fraud, maintain an action against the company for the balance alleged to be due her; and in such action she is not bound to return or tender the money previously paid to her.</p> <p>In such a case the acceptance of the money and the receipt therefor were not a compromise of a doubtful right binding upon the beneficiary.</p> <p>Insurance — Life insurance — Policy—Manual unattached to policy — Act of May 11, 1881, P. L. 20.</p> <p>A “manual” of an insurance society which contains by-laws or regulations bearing on the contract of insurance, is not admissible in evidence in an action on the policy, if it has not been attached to the policy as required by the Act of May 11, 1881, P. L. 20.</p>