Suravitz v. Prudential Insurance Co. of America

Citations

• 261 Pa. 390
• 104 A. 754
• 1918 Pa. LEXIS 753

Syllabus

<p>Insurance — Life insurance — Motion for a new'trial — Judicial discretion — Actions on insurance policies — Instructions—Fraud— Circumstantial evidence — Misrepresentations as to physical condition — ■Answers representations not tvarranties — Impersonation —■ Bvid'ence — Burden of proof — Shifting of burden.</p> <p>1. On appeal from a judgment on a verdict for plaintiff in an action brought by a husband on the insurance policy of his deceased wife, there was no dispute about the fact of the death of the insured or that satisfactory proofs of death had been furnished; but defendant alleged false representations in the application for the policy by the plaintiff and his wife as to the physical condition of the wife and the fraudulent substitution of another woman in good health for the plaintiff’s wife at the examination made by the defendant’s medical -examiner. A witness testified that he knew the plaintiff’s .wife and saw her undergo examination by the insurance company’s physician. In an affidavit filed by the defendant in support of a motion for a new trial, the witness stated that his testimony in regard to tho examination of deceased was false, and, at a hearing for the purpose of taking depositions, the witness admitted that he stated what was averred in the affidavit, but swore that all his evidence at the trial was true and correct; the evidence of the witness was cumulative and the lower court refused a new trial. Reid, that the lower court had not abused its . discretion.</p> <p>2. To instruct a jury that a fact must be established by the weight of evidence is not equivalent to saying that it must be established by. clear and satisfactory evidence.</p> <p>3. Where the answers to the questions addressed to the insured stated in effect that the insured was in good health and that she never had any serious illness or disease, and where it further appeared that at the time the answers were made and for some time prior thereto, the insured was suffering from