Henegan v. Colonial Life Insurance Co. of America

Superior Court of Pennsylvania July 18, 1916

Henegan v. Colonial Life Insurance Co. of America, 63 Pa. Super. 616 (1916)

1916 Pa. Super. LEXIS 227

Henderson, Kephart, Orladv, Orlady, Trenler, Williams

Opinion of the Court

Opinion by

Orlady, P. J.,

The questions raised by this appeal were solely, for the consideration of the jury. ‘The point submitted by the defendant that “under all the pleadings, and all the evidence the verdict should be for the defendant” was properly refused, and the conflicting testimony was fairly submitted' in an adequate charge, which, taken with the opinion of the learned trial judge, in refusing a new trial, and for judgment non obstante veredicto, fully answers the argument presented ,by the appellant.

The judgment is affirmed.

Reference

Full Case Name: Henegan v. Colonial Life Insurance Company of America
Cited By: 2 cases
Status: Published
Syllabus: Insurance — Life insurance — Statements as to health. In an action on a policy of life insurance where the defendant company in its affidavit of defense and on the trial relied upon the sole defense that the insured misrepresented the condition of his health, and this is met by contradictory evidence on the part of the plaintiff, the case is for the jury, and a verdict and judgment for the plaintiff will be sustained, where the conflicting testimony is fairly submitted in an adequate charge.