Lebanon Co. v. Franklin Fire Ins.
Supreme Court of Pennsylvania
Appeal, No. 328, Jan. T., 1912, by defendant, from judgment of C. P. Lebanon Co., Dec. T., 1909, No. 4, on verdict for plaintiff in case of Lebanon County v. Franklin Fire Insurance Company of Philadelphia. Assumpsit on a policy of fire insurance.
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Appeal, No. 328, Jan. T., 1912, by defendant, from judgment of C. P. Lebanon Co., Dec. T., 1909, No. 4, on verdict for plaintiff in case of Lebanon County v. Franklin Fire Insurance Company of Philadelphia. Assumpsit on a policy of fire insurance. Before Henry, P. J. At the trial the defendant presented, among others, the following points: 2. The uncontradicted evidence in the case showing that the risk on the insured property was increased with the knowledge of the assured, during the continuance of said insurance, by the use of a painter’s torch in burning off the paint at the cornice of…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In this action of assumpsit the county of Lebanon sought to recover from The Franklin Fire Insurance Company, under a policy insuring the court house in Lebanon, its proportionate amount of a loss by fire. The fact and the amount of the loss were not disputed. But the defendant denied liability on the ground that certain conditions of the policy had been violated. Upon the trial binding instructions for the defendant were refused by the trial court, and, the case was submitted to the jury. The verdict was in favor of the plaintiff for $6,276.02. Motions for a new…
2Cases cited7 opinions
- Smith v. German InsuranceMichigan Supreme Court · 1895
- First Congregational Church v. Holyoke Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1893
- Fraim v. National Fire Ins.Supreme Court of Pennsylvania · 1895
- Mears v. Humboldt Ins.Supreme Court of Pennsylvania · 1879
- Heron v. Phoenix Mutual Fire InsuranceSupreme Court of Pennsylvania · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McClure v. Mutual Fire Ins.Supreme Court of Pennsylvania · 1913
- Cramer v. Blooming Grove Mutual Fire Ins.Superior Court of Pennsylvania · 1916