Commonwealth Insurance v. Sennett, Barr & Co.
Supreme Court of Pennsylvania
Error to the Common Pleas of Erie county. This was an action of debt, brought in the court below by Pardon Sennett, M. R. Barr, Conrad Brown, and J. J. Finley, partners doing business as Sennett, Barr & Co., against The Commonwealth Insurance Company. To a narr. in debt, the defendants filed a special plea, averring concealments and misrepresentation on the part of the plaintiffs, adding the formal pleas of non est factum and nil debet.
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Error to the Common Pleas of Erie county. This was an action of debt, brought in the court below by Pardon Sennett, M. R. Barr, Conrad Brown, and J. J. Finley, partners doing business as Sennett, Barr & Co., against The Commonwealth Insurance Company. To a narr. in debt, the defendants filed a special plea, averring concealments and misrepresentation on the part of the plaintiffs, adding the formal pleas of non est factum and nil debet. To this a replication and demurrer was filed, which demurrer was after-wards withdrawn. The plaintiffs then replied to and traversed the defendants’ plea,…
1Opinion of the Court
The opinion of the court was delivered, by
Thompson, J.
— There is nothing in the policy of the law which abridges the right and power of parties to a contract of insurance from stipulating in regard to the mode and manner of estimating or valuing a loss when it shall occur, or as to the time which shall be the period of the valuation of the property destroyed, or such other matters within the scope of a fair transaction as they may see proper. Insurance is a contract of indemnity, and if the parties stipulate for the manner in which that indemnity shall be made, on the contingency of…
2Cases cited1 opinion
- Laurent v. Chatham Fire InsuranceThe Superior Court of New York City · 1828
3Cited by3 opinions
- Commonwealth Ex Rel. v. Fid. Land Value Assur. Co.Supreme Court of Pennsylvania · 1933
- Glen Falls Insurance Co. v. BassettSupreme Court of Arkansas · 1932
- Haws v. St. Paul F. & M. Ins.Supreme Court of Pennsylvania · 1888