Meyers v. Lebanon Mutual Insurance
Supreme Court of Pennsylvania
Appeal, No. 405, Jan. T., 1893, by defendant, from judgment of C. P. Northumberland Co., May T., 1892, No. 100, on verdict for plaintiff, David C. Meyers. Assumpsit on policy of fire insurance. At the trial before Savidge, P. J., it appeared that, on Sept. 5, 1891, plaintiff signed an application for fire insurance in defendant company.
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Appeal, No. 405, Jan. T., 1893, by defendant, from judgment of C. P. Northumberland Co., May T., 1892, No. 100, on verdict for plaintiff, David C. Meyers. Assumpsit on policy of fire insurance. At the trial before Savidge, P. J., it appeared that, on Sept. 5, 1891, plaintiff signed an application for fire insurance in defendant company. The application contained the following warranty: “ The said applicant makes the following statement and gives the following answers to interrogatories here put relative to the risk as a warranty on the part of the assured for which a policy numbered the same…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The plaintiff sues on a policy of insurance against loss by fire. The defence set up is, in substance, that the policy was obtained by means of misrepresentations and is for that reason not binding on the company. The misrepresentation is alleged to be in the answer to question No. 13 in the application on which the policy was issued. The question is “ what proportion of the value of the property will remain uninsured after this policy is issued ? ” The answer written into the application by the soliciting agent of the company and signed by the applicant is: “…
2Cases cited1 opinion
- Eilenberger v. Protective Mutual Fire InsuranceSupreme Court of Pennsylvania · 1879
3Cited by18 opinions
- Suravitz v. Prudential InsuranceSupreme Court of Pennsylvania · 1914
- Medley v. German Alliance InsuranceWest Virginia Supreme Court · 1904
- Franklin Life Insurance Company v. Mary E. Bieniek and Sewickley Savings & Loan AssociationCourt of Appeals for the Third Circuit · 1963
- Dowling v. Merchants InsuranceSupreme Court of Pennsylvania · 1895
- Hoffman v. Mutual Fire Insurance Co. of ReadingSupreme Court of Pennsylvania · 1922
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