Stewart v. General Accident Insurance

Citations

• 35 Pa. Super. 120
• 1907 Pa. Super. LEXIS 221

Syllabus

<p>Insurance — Accident insurance — Warranties—Breach of warranty— Contract — Evidence.</p> <p>In an action upon an accident insurance policy it appeared that there was indorsed on the policy a schedule of warranties signed by the insured containing the following warranties:</p> <p>“I have no accident or health insurance issued by stock companies, assessment or fraternal associations, except as follows:</p> <p>“I have suffered from the following accidents, diseases or sicknesses. , . .</p> <p>“Other than as above stated, I have never received any injury or suffered from any disease or sickness of any character.</p> <p>“ I have never received nor been refused indemnity for any accident, disease or sickness, except as herein stated.”</p> <p>The defendant offered evidence which tended to prove that the plaintiff had been guilty of breach of all four of the warranties. Held, that it was reversible error for the court to rule out the offers.</p>