South Side Trust Co. v. Eureka Life Ins.

Citations

• 74 Pa. Super. 566
• 1920 Pa. Super. LEXIS 200

Syllabus

<p>Insurance — Life insurance — Proof of death — Evidence.</p> <p>In an action on a policy of life insurance, proofs of death are admissible in evidence, but where they are not offered by the plaintiff they are not conclusive and can be explained or controverted.</p> <p>Whether or not the insured was in good health when the policies were revived and reinstated, is a question for the jury and a verdict for the plaintiff will be sustained. The burden of proving fraud in the revival of the policies is on the defendant, and where the evidence is contradictory, the case is for the jury.</p> <p>Insurance — Life insurance — Application for revival — Act of May 11,1881, P. L. 20.</p> <p>It is the duly of the insurance company to attach a copy of the application to a policy of insurance and, unless it is attached, it is not part of the contract of insurance and not evidence on the part of the insurance company, in an action by the beneficiary on the policy. The same principle applies to an application for the revival of a lapsed policy of insurance where the company claims that the revival constituted a new contract.</p> <p>Insurance — Life insurance — Form of policy — Act of June 1, 1911, P. L. 581.</p> <p>The provisions of sections 25 and 26 of the Act of June 1, 1911, P. L. 581, relative to the form of insurance policies do not apply to policies of industrial insurance.</p> <p>Insurance — Life insurance — Health of insured — Alleged false representations — Gase for jury.</p> <p>In an action on a life insurance policy, the case is for the jury and a verdict for the plaintiff will be sustained, where the defense was that the policies, after having- lapsed for nonpayment of premiums, had been reinstated through the fraudulent representations of the insured as to his health, and where, although there was evidence that the insured had tuberculosis, when the policies were reinstated, there was no evidence that he knew he had the disease and the company’s examining doctor had ce