O'Grady v. Prudential Insurance Co. of America

Citations

• 3 Pa. Super. 548
• 1897 Pa. Super. LEXIS 55

Syllabus

<p>Insurance — Designated beneficiary — Right of action by assignee — Act of 1873.</p> <p>When the language of a policy of life insurance contemplates and invites a designation of a beneficiary, and the company furnished a blank form for such designation the designation of a daughter by the mother who was the insured, vests a right of action in the daughter. Such designation never having been revoked and having been accompanied by delivery of the policy to the beneficiary who paid the subsequently accruing dues with the knowledge of the company’s agents, is a virtual assignment.</p> <p>The beneficiary so designated being the assignee of the policy has a right of action in her own name as such assignee under the provisions of the act of March 14, 1873, P. L. 46.</p> <p>The fact that the policy was under seal and the assignment was not, is immaterial under the provisions of the act of 1873, which was intended to cure just such cases.</p>