Woodmen of W.L. Ins. Soc. v. Arnold

Full title: Woodmen of the World Life Insurance Society, Appellant v. Arnold

Court: Superior Court of Pennsylvania

Date published: Dec 14, 1960

166 A.2d 290 (Pa. Super. Ct. 1960)

166 A.2d 290

Opinion

November 18, 1960.

December 14, 1960.

Insurance — Endowment — Life insurance — Provision for paid-up certificate at expiration of twenty year period — Mistake of insurer in the amount of paid-up insurance.

In an action in equity, in which it appeared that defendant applied to plaintiff, a fraternal benefit society, and received a twenty year paid-up endowment insurance contract in the amount of $1,000; that the certificate provided that after all payments had been made for a period of twenty years plaintiff would pay $1,000 to defendant or, at his option, upon receipt of evidence of insurability, it would issue a certificate of paid-up insurance in the amount of $4,034 payable at his death; that upon the expiration of the twenty year period defendant elected to receive a certificate of fully paid-up insurance in the amount of $4,034, but plaintiff refused to issue such certificate for the reason that the original contract, as issued, was in error, in that the amount of paid-up insurance available to defendant was $2,476 rather than $4,034, as set forth in the contract; that the mistake in the preparation of the policy was committed by plaintiff without the knowledge or participation of defendant; and that there was no obvious conflict between the various clauses of the certificate and the amount mistakenly set forth as paid-up insurance; it was Held that the order of the court below dismissing plaintiff's complaint for reformation of the certificate and directing the issuance of a fully paid-up certificate to defendant in the amount of $4,034 should be affirmed.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, WATKINS, and MONTGOMERY, JJ. (ERVIN, J., absent).

Appeal, No. 105, Oct. T., 1960, from decree of Court of Common Pleas of Union County, Jan. T., 1956, No. 1, in case of Woodmen of the World Life Insurance Society v. Marvin C. Arnold. Decree affirmed.

Same case in court below: 22 Pa. D. C. 2d 607.

Equity. Before SHOWERS, P.J.

Decree entered dismissing complaint. Plaintiff appealed.

Charles Wolfe Kalp, for appellant.

W. Roger Fetter, with him Fetter Zearfoss, for appellee.

Argued November 18, 1960.

OPINION PER CURIAM, December 14, 1960:

The decree of the court below dismissing the plaintiff's complaint in equity and directing the plaintiff to issue a fully paid up insurance certificate to the defendant in the amount of $4034, payable at the death of said defendant, is affirmed on the opinion of President Judge WILLIAM L. SHOWERS of the Court of Common Pleas of Union County, as reported in 22 Pa. D. C.2d 607. Appellant to pay costs.