Doll v. Prudential Insurance Co. of America
Doll v. Prudential Insurance Co. of America
Opinion of the Court
Opinion by
The two policies of life insurance in suit contain, inter alia, three provisions, upon the effect of which hangs this controversy. The first clause promises to pay “ the sum of money as provided in the third column of said schedule.” The third column provides, in one policy, “ Sum insured on the above terms and subject to correction for misstatement of age, $110.” The second policy is the same in this clause save thatthe amount in figures is $115. Section twelve of both policies makes them incontestable after three years. The defense set up in the affidavit is that the insured made a mistake in giving her age, and
Tf the misstatftmentm£^^u?-jgfere set up as a breach of warranty, or as violating- the contract whereby the company would be relieved from all contractual obligation, a different question would be presented. Here the defendant company says to the plaintiff in effect: “You have a valid policy; we are liable under it according to its terms. Those terms require the amount to be paid by us to be determined on the basis of the true age of the insured. This amount we stand ready to pay.” The learned judge of the court below misconstrued some of the expressions in the opinion in the case of Brady v. Prudential Ins. Co., 168 Pa. 645, upon which he based his judgment. The true effect of that decision is to sustain the conclusion indicated by what has been said herein, to which conclusion the case of Starck v. Union Central Life Ins. Co., 134 Pa. 45, is additional support.
The judgment is reversed and a procedendo is awarded.
Reference
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- Doll v. Prudential Insurance Company of America
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- Syllabus
- Insurance — Life insurance — Statement as to age. In an action upon a life insurance policy brought more than three years after its date, it appeared that the policy covenanted to pay a certain sum as provided in a designated schedule. The schedule provided as follows: “ Sum insured on the above terms and subject to correction for misstatement of age, $110.” The policy was by its terms incontestable after three years. The affidavit of defense averred that the insured made a mistake in giving her age, and that the company was willing to pay only the amount of insurance purchased by her premiums based on her true age, the correction being made in pursuance of the schedule. The court below entered judgment for the plaintiff on the ground that the company was liable for the amount indicated by the numerals in the policies, and that to permit a correction as required by the defendant would be to violate the clause providing for incontestability. Held, to be error.