Zimmer v. Central Accident Insurance

Citations

• 207 Pa. 472
• 56 A. 1003
• 1904 Pa. LEXIS 501

Syllabus

<p>Insurance—Accident insurance—Life insurance—Application attached to policy—Act of May 11, 1881, P. L. 20.</p> <p>A policj'- of insurance which insures not only against accidents, but against loss of life as well, when caused by accident, is a life insurance policy within the meaning of the Act of May 11, 1881, P. L. 20, which provides that the application for the policy shall not be received in evidence unless attached to the policy. Pickett v. Pacific Mut. Life Ins. Co., 144 Pa. 79, followed.</p> <p>Insurance on life includes all policies of insurance in which the payment of the insurance money is contingent upon loss of life.</p> <p>A policy of life insurance had a blank form of application printed on the back. The following printed words appeared extended alongside the blank on tbe back of the policy: “I accept this as a copy of my application, but! agree that the original shall be admitted as the correct application if copy varies therefrom.” What appeared printed on the back was nota copy of the application filed by the insured. It was not shown that the insured saw the pretended copy of the application on the back of the policy. Held, that the words printed on the back of the policy were immaterial, and could not be construed as a waiver by the insured of the provisions of the act of May 11, 1881.</p> <p>Mitchell, C. J., dissents.</p>