Wall v. Royal Society of Good Fellows

Citations

• 179 Pa. 355
• 36 A. 748
• 1897 Pa. LEXIS 646

Syllabus

<p>Insurance — Life insurance — Representations as to health — Affidavit ojdefense.</p> <p>In an action upon a policy of life insurance where the affidavit of defense sets forth that the insured made false representations as to his health in his application, and as to whether his relatives had been afflicted with consumption, and the testimony of the defendant tends to sustain the allegations of the affidavit, a point offered by the defendant embracing the allegations of the affidavit and asking for binding instructions, if the jury believe that the allegations have been sustained, should be affirmed.</p> <p>Life ihsurance — Applications—Warranty as to truth of facts set forth in the application — Contract.</p> <p>• ‘Where a policy of insurance contains a warranty of the truth of certain' facts, the validity of the policy depends on the truth of the' warrantee In such case the engagement of the policy holder is absolute that the facts shall be as they are stated when his rights under the policy attach.</p> <p>Where an applicant for insurance warrants the truth of facts stated in his application, a statement that he had been attended by a certain physician “ one year ago,” will vitiate the policy, if it appears that he had been attended by that physician six times within the preceding year.</p> <p>Insurance — Practice, O. P__Amendment.</p> <p>In an action upon a policy of life insurance it is proper to allow an amendment after the testimony is closed, so as to make the pleadings conform to the proof, where the application is in the interest of justice.</p> <p>Insurance — Life insurance — Proof of loss as evidence of cause of death.</p> <p>In an action upon a policy of life insurance a proof of loss setting forth the cause of death of the insured, signed by the plaintiff with her mark, properly witnessed and acknowledged before a magistrate, and referred to by plaintiff in conversations with an officer of the defendant company without denial of its authenticity, is ev