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LEVIN v. METROPOLITAN LIFE INS. CO.

381 Pa. 615 (1955)

Levin, Appellant, v. Metropolitan Life Insurance Co.

Supreme Court of Pennsylvania.

May 23, 1955.

Attorney(s) appearing for the Case

Joseph C. Mansfield, for appellant.

F. Hastings Griffin, Jr., with him Owen B. Rhoads, Barnes, Dechert, Price, Myers & Rhoads and Joseph Howland Collins, for appellee.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. JUSTICE BELL, May 23, 1955:

In order to avoid an insurance policy the company must establish that the statements relied on were material to the risk and were falsely and fraudulently made. Inquiries as to prior diseases and prior medical attendance are material to the risk, and false answers thereto, if knowingly made, permit the insurer to avoid the policy: Prevete v. Metropolitan Life Insurance Company, 343 Pa. 365, 22 A.2d 691.

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