Boosel v. Agricultural Insurance

Opinion by

Keller, P. J.,

We affirm the order of the court below granting a new trial, but approve of only two of the three reasons assigned by the court.

The plaintiff, Walter E. Boosel, brought this action in assumpsit against Agricultural Insurance Company to recover for a loss by fire under a policy of insurance. The insurance company put in two inconsistent defenses. The first need not be referred to at much length. The agent who countersigned and issued the policy was the authorized agent of the defendant insurance company within the Act of May 17, 1921, P. L. 682, Sections 501, 522. The…