186 Pa. 527 | Pa. | 1898
Opinion by
The learned judge of the court below, in his charge to the jury, said: “ From all this and everything bearing upon the question, you will determine whether the untrue statements, because I say to you there were untrue statements, related to some matter material to the risk which the company took when it insured the life of James A. Lutz. If you find that these untrue statements were material, then you will see that the contract was violated, and that by means of false representations or untrue statements the company was induced to promise what it otherwise would not have done, and the policy is void and
In a case of very recent occurrence, in which we have just filed an opinion (March v. The Metropolitan Life Insurance Co., infra, 629), we have had occasion to consider and decide this identical question. We there determined that the act of 1885 had
The assignments of error are all sustained.
Judgment reversed and judgment is now entered in favor of the defendant with costs.