Ellis v. Metropolitan Life Insurance

Supreme Court of Pennsylvania
Ellis v. Metropolitan Life Insurance, 228 Pa. 230 (Pa. 1910)
77 A. 460; 1910 Pa. LEXIS 458
Brown, Elkin, Moschzisker, Pell, Stewart

Ellis v. Metropolitan Life Insurance

Opinion of the Court

Per Curiam,

The main argument for the' appellant is intended to show error at the trial in admitting in evidence the policy of life insurance on which the action was brought, without the copy of the application of the insured which was *231attached to the policy when it was delivered. It appeared from an inspection of the papers that the copy attached to the policy was not a correct copy of the original application signed by the insured, because the answers to certain questions, relating to the subject-matter on which the defense was based, made by the insured in the original statement to the medical examiner were entirely omitted from the copy, or incorrectly given.

The statement made to the medical examiner was a part of the application: Morris v. State Mutual Life Assurance Co., 183 Pa. 563; Fisher v. Fidelity Mut. Life Association, 188 Pa. 1; and unless a correct copy of it was attached to the policy, it could not under the Act of May 11, 1881, P. L. 20, be considered a part of the policy or contract between the parties.

The defendant could not have put the incorrect copy in evidence, nor could he require the plaintiff to do so. The act is intended to protect the policy holder: Lenox v. Greenwich Ins. Co., 165 Pa. 575. It was passed in the interest of fair dealing, and its provisions should be strictly enforced: Pickett v. Pac. Mut. Life Ins. Co., 14 Pa. 79.

The judgment is affirmed.

Reference

Full Case Name
Ellis v. Metropolitan Life Insurance Company
Cited By
10 cases
Status
Published
Syllabus
Insurance — Life insurance — Application attached to policy — Act of May 11,1881, P. L. §0. In an action upon a policy of life insurance the insured may offer in evidence the policy without the copy of the application attached to the policy, where it appears from an inspection of the papers that the copy attached to the policy was not a correct copy of the original application signed by the insured.