49 Pa. Super. 592 | Pa. Super. Ct. | 1912
Opinion by
The plaintiff in this action seeks to recover upon a policy issued by the defendant company insuring the life of her deceased husband. The court below, after the plaintiff had submitted her evidence, entered a judgment of non-suit, which it subsequently refused to take off, and the plaintiff appeals.
By the express terms of the policy offered in evidence by the plaintiff, the application, made by the deceased, was made a part of the contract, and the answers and statements contained in that application were made warranties, by the applicant. There was attached to the policy a copy of the application, the correctness of which is not challenged. The form of the application is precisely similar to that which was considered by this court in Baldi v. Insurance Co., 18 Pa. Superior Ct. 599, and consisted of two parts “A” and “B.” The part designated as “B” consisted of the answers made by the applicant to the medical examiner of the company, and that part as well as the part “A” had been duly signed by the applicant. We held in the case referred to that the parts “A” and “B,” taken together, constituted the application and came within the covenant of warranty by the assured as to the correctness of the statements therein by him made. Counsel for plaintiff, at the trial, made this offer: "I will offer in evidence the policy and proofs of death, and desire that they may be made a part of the record.” The
The judgment is affirmed.