Norristown Title Co. v. Hancock Ins.

Citations

• 132 Pa. 385
• 19 A. 270
• 1890 Pa. LEXIS 826

Syllabus

<p>1. When a policy of life insurance does not mention the name of the beneficiary, but it is made payable “to the beneficiary named in the application ” therefor, and does not have, a copy of such application appended to it, the policy is admissible for the plaintiff in an action thereon, under an offer proposing to follow it with proof that he is the beneficiary referred to therein.</p> <p>2. The provision in the act of May 11, 1881, P. L. 20, that no application for insurance shall be received in evidence or considered a part of the insurance contract, unless a copy of it shall be attached to the policy, is intended to impose a duty upon the insurer for the protection of the assured; the company, therefore, cannot invoke the act to exclude an application offered in evidence by the beneficiary.</p> <p>3. When, in an action on a policy referring to the application therefor for the name of the beneficiary, the application has been erroneously rejected by the court, under objection made by the insurance company upon the ground that no copy of it accompanies the policy, the company cannot complain of the subsequent admission of parol testimony that the insured, when applying for the policy, designated the plaintiff as the beneficiary.</p>