Rigby v. Metropolitan Life Insurance

Citations

• 248 Pa. 351
• 93 A. 1079
• 1915 Pa. LEXIS 577

Syllabus

<p>Insurance — Life insurance — Application—False answers — Evidence — Case for jury.</p> <p>1. The case was for the jury in an action upon a policy of life insurance where it was ¡alleged that deceased falsely stated in his application for a policy that he had not consulted a physician, other than his family physician within a certain period, but the evidence as to whether he had consulted such a physician was in conflict.</p> <p>2. In such case where defendant offered evidence to show that decedent had consulted another physician for certain ailments and gave evidence as to his physical condition during that period, it was competent for plaintiff in rebuttal to prove that during the period in question the health of deceased was good and that he did not exhibit the symptoms described.</p>