Summary
adopting trial court's opinion at 30 Pa.D. C.2d 77
Summary of this case from Connecticut Mut. Life Ins. Co. v. WymanOpinion
April 17, 1963.
June 12, 1963.
Insurance — Life insurance — Applications — False answers as to prior illnesses, hospital care, and medical treatment — Declaration in application by insured that his statements are complete and true — Certification by agent that answers have been recorded as given by applicant.
In an action on a life insurance policy, in which it appeared that the application contained false answers and questions as to whether or not the insured had had any illnesses, hospital care, and medical and surgical treatment within five years; that plaintiff averred that at the time the application was made defendant's agent was informed by the insured of his prior illnesses and hospital and medical care, and that the written answers on the application as set down by the agent did not correctly reflect the insured's answers given to the agent; that the application contained a statement, after the questions and answers, in which the insured declared that "all statements and all answers to the above questions . . . are complete and true", and agreed that "no field representative of the Company has authority to waive the answer to any question in this application, to modify this application, or to bind the Company in any way by . . . receiving any information"; that, in addition, there appeared a certification signed by the agent prior to the signature of the insured that "the answers have been recorded as given by the Applicant"; and that the court below, holding that the effect of the declarations and the certification of the insured was that the insured expressly warranted that his answers had been correctly recorded by the agent who took the application, entered judgment on the pleadings for defendant; it was Held that the judgment should be affirmed.
Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).
Appeal, No. 110, April T., 1963, from judgment of Court of Common Pleas of Mercer County, Sept. T., 1962, No. 3, in case of Evelyn Magee, also known as Effie Magee, v. The National Life and Accident Insurance Company. Judgment affirmed.
Same case in court below: 30 Pa. D. C. 2d 77.
Assumpsit. Before McKAY, J.
Defendant's motion for judgment on the pleadings granted. Plaintiff appealed.
Albert E. Acker, with him Wiesen, Cusick, Madden, Joyce, Acker McKay, for appellant.
William C. Kuhn, with him Philip E. Brockway, and Brockway and Brockway, for appellee.
Argued April 17, 1963.
Judgment for the defendant entered by the court below on the pleadings is affirmed on the opinion of Judge McKAY reported in 30 Pa. D. C. 2d 77. See also Shafer v. John Hancock Mutual Life Insurance Company, 410 Pa. 394, 189 A.2d 234 (1963).