LANDAU v. MUTUAL LIFE INS. CO. OF NEW YORK

Civ. A. No. 8280.

102 F.Supp. 810 (1952)

LANDAU v. MUTUAL LIFE INS. CO. OF NEW YORK.

United States District Court W. D. Pennsylvania.

February 14, 1952.


Attorney(s) appearing for the Case

Louis Vaira, of Pittsburgh, Pa. for plaintiff.

William H. Eckert, John G. Buchanan, Jr., Smith, Buchanan & Ingersoll, of Pittsburgh, Pa., for defendant.


BURNS, District Judge.

As I understand the law of Pennsylvania, the beneficiary of a life insurance policy makes out a prima facie case for recovery, when the beneficiary proves the contract of insurance, the payment of all premiums up to the time of death, and the death of the assured; and the burden thereafter shifts to the insurance company to prove (1) that material representations made by the assured were false, (2) that the assured knew they were false when...

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