Weaver v. Equitable Life Assurance Society

Philadelphia County Court of Common Pleas

Weaver v. Equitable Life Assurance Society

18 Pa. D. & C. 469, 1933 Pa. Dist. & Cnty. Dec. LEXIS 370

CourtPennsylvania Court of Common Pleas, Philadelphia County

DecidedApril 26, 1933

DocketNo. 9196

StatusPublished

This text of 18 Pa. D. & C. 469 (Weaver v. Equitable Life Assurance Society) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Weaver v. Equitable Life Assurance Society, 18 Pa. D. & C. 469, 1933 Pa. Dist. & Cnty. Dec. LEXIS 370 (Pa. Super. Ct. 1933).

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Opinion

Lambekton, J.,

This matter comes before us on a rule for more specific statement of claim. In the statement of claim, plaintiff refers to the master or group policy of insurance, the application, and the individual certificate or policy. Under the Practice Act, copies of these papers should be attached to the statement of claim. Plaintiff, however, avers that he does not have these in his possession, but that all copies thereof are in the possession of defendant. Counsel for defendant has offered to furnish these papers to counsel for plaintiff so that the same might be attached to the statement of claim.

As a very interesting question of law is involved, it is important that all of the facts be properly pleaded. Since counsel for defendant has made available to counsel for plaintiff the missing papers, plaintiff is in a position to attach copies of the same to the statement of claim, and should do so as required by the Practice Act. When a statement of claim with these copies attached is filed, the matter will be before us, so that the question of law involved can be properly passed upon when raised.

And now, to wit, April 26, 1933, defendant’s rule for more specific statement of claim is made absolute, with leave of plaintiff to file an amended statement of claim within fifteen days from the date hereof.

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Lambekton, J.,

This matter comes before us on a rule for more specific statement of claim. In the statement of claim, plaintiff refers to the master or group policy of insurance, the application, and the individual certificate or policy. Under the Practice Act, copies of these papers should be attached to the statement of claim. Plaintiff, however, avers that he does not have these in his possession, but that all copies thereof are in the possession of defendant. Counsel for defendant has offered to furnish these papers to counsel for plaintiff so that the same might be attached to the statement of claim.

As a very interesting question of law is involved, it is important that all of the facts be properly pleaded. Since counsel for defendant has made available to counsel for plaintiff the missing papers, plaintiff is in a position to attach copies of the same to the statement of claim, and should do so as required by the Practice Act. When a statement of claim with these copies attached is filed, the matter will be before us, so that the question of law involved can be properly passed upon when raised.

And now, to wit, April 26, 1933, defendant’s rule for more specific statement of claim is made absolute, with leave of plaintiff to file an amended statement of claim within fifteen days from the date hereof.

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Bluebook (online)

18 Pa. D. & C. 469, 1933 Pa. Dist. & Cnty. Dec. LEXIS 370, Counsel Stack Legal Research, https://law.counselstack.com/opinion/weaver-v-equitable-life-assurance-society-pactcomplphilad-1933.