Dowling v. Merchants Insurance
Supreme Court of Pennsylvania
Appeal, No. 205, Jan. T., 1895, by defendant, from judgment of C. P. Monroe Co., May T., 1893, No. 33, on verdict for plaintiff. Assumpsit upon a policy of fire insurance. At the trial it appeared that the policy was for $5,000, covering a dwelling bouse and household furniture. The building was described in the policy as being “ occupied by insured as a dwelling house only.”
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Appeal, No. 205, Jan. T., 1895, by defendant, from judgment of C. P. Monroe Co., May T., 1893, No. 33, on verdict for plaintiff. Assumpsit upon a policy of fire insurance. At the trial it appeared that the policy was for $5,000, covering a dwelling bouse and household furniture. The building was described in the policy as being “ occupied by insured as a dwelling house only.” The evidence showed that the house was used as a boarding house, but that the agent who wrote the policy was fully informed of this fact by plaintiff, and that plaintiff did not read the policy until after the trial.…
1Opinion of the Court
Opinion by
Mr. Justice Fell,
The fraud or mistake of an insurance agent within the scope of his authority will not enable his principal to avoid a contract of insurance to the injury of the insured who acted in good faith, and the fraud or mistake of the agent may be proved by parol evidence notwithstanding it is provided in the policy that the description of the property shall be a part of the contract and a warranty by the insured. This is clear upon principle, and it is abundantly sustained by authority: Smith v. Farmers’ and Mechanics’ Mutual Fire Ins. Co., 89 Pa. 287; Eilenberger v.…
2Cases cited6 opinions
- Kister v. Lebanon Mutual Ins., Pennsylvania Court of Common Pleas, York County1889
- Eilenberger v. Protective Mutual Fire InsuranceSupreme Court of Pennsylvania · 1879
- Swan v. Watertown Fire Ins.Supreme Court of Pennsylvania · 1880
- Susquehanna Mutual Fire Insurance v. CusickSupreme Court of Pennsylvania · 1885
- Meyers v. Lebanon Mutual InsuranceSupreme Court of Pennsylvania · 1893
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Rempel v. Nationwide Life InsuranceSupreme Court of Pennsylvania · 1977
- Huu Nam Tran v. Metropolitan Life Insurance Company Kwok LamCourt of Appeals for the Third Circuit · 2005
- Suravitz v. Prudential InsuranceSupreme Court of Pennsylvania · 1914
- Evans v. Metropolitan Life Ins. Co.Supreme Court of Pennsylvania · 1928
- Applebaum v. Empire State Life Assurance SocietySupreme Court of Pennsylvania · 1933
21 more not listed; retrieve them via the Exa API.