Wallace v. Insurance Co.

Citations

• 14 Pa. Super. 617
• 1900 Pa. Super. LEXIS 94

Syllabus

<p>Insurance — Waiver of proof of death — Nonsuit.</p> <p>A claimant on a policy of life insurance cannot repudiate the proofs of death furnished to the com pany and at the same time urge that proofs of death were waived. To support a waiver there must be both a knowledge of the existence of a right and an intention to relinquish it. No intention to waive can be implied from the assertion that satisfactory proofs of death had been furnished, and that they were tendered by the defendant to the plaintiff in open court in response to a notice to produce them.</p> <p>A nonsuit is properly entered where it is apparent that no proofs of death had been filed with the claimant, the plaintiff’s contention being that the required proofs of death had been waived by the company, and that it waived liability not in the failure to furnish proofs of death, but upon another clause.</p>