Oplinger v. New York Life Insurance

Citations

• 253 Pa. 328
• 98 A. 568
• 1916 Pa. LEXIS 833

Syllabus

<p>Insurance — Life insurance — Statements in application — Falsity —Effect—Rescission—Evidence—Declarations of insured — Charge.</p> <p>1. After the death of the insured a life insurance company cannot change the status of the beneficiary by an attempted rescission of the insurance contract.</p> <p>2. The declaration of an insured made after the policy had gone into force cannot he received in evidence to affect the right of the designated beneficiary in a suit by the latter to enforce the contract of insurance.</p> <p>3. In an action on a life insurance policy brought by the beneficiary named therein the defense was that deceased had made false statements in his application as to the state of his health, and the testimony as to the verity of the statements made by the insured was conflicting. The trial judge excluded evidence of declarations made by the insured concerning the state of his health after the policy was issued and charged that if the insured prior to his application suffered from designated ailments of whose character he would surely be cognizant, then the verdict must be for the defendant, but that if he suffered from certain -other ailments, of a kind he might have had without being aware of the fact, then the good faith of his answers would depend upon his knowledge. The jury found a verdict for the plaintiff upon which judgment was entered. Held, no error.</p>