Waynesboro Mutual Fire Insurance v. Conover
Supreme Court of Pennsylvania
June 15th 1881. Before Sharswood, O. J., Mercur, Gordon, Paxson, Trunkey, Sterrett, and Green, JJ. Error to the Court of Common Pleas of Franklin county: Of May Term 1881, No. 81. Covenant, by A. V. Conover & Co. against the Waynesboro Mutual Fire Insurance Company on a policy of fire insurance for $1,000, upon a hotel, which was totally destroyed by fire on the 25th of April, 1876. This suit was brought June 20th 1878. The policy, given in evidence, contained an express…
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June 15th 1881. Before Sharswood, O. J., Mercur, Gordon, Paxson, Trunkey, Sterrett, and Green, JJ. Error to the Court of Common Pleas of Franklin county: Of May Term 1881, No. 81. Covenant, by A. V. Conover & Co. against the Waynesboro Mutual Fire Insurance Company on a policy of fire insurance for $1,000, upon a hotel, which was totally destroyed by fire on the 25th of April, 1876. This suit was brought June 20th 1878. The policy, given in evidence, contained an express provision that no suit should be sustainable thereon, unless commenced within six months after the loss, and in case any…
1Opinion of the CourtJustice Green
This was an action on a policy of insurance against loss by fire. The building insured was destroyed by fire on April 26th 1876. The summons was issued on June 20th 1878, more than two years after the loss occurred. The 16th condition of the policy is in the following words viz.: “ It is furthermore hereby expressly provided, that no suit or action of any kind against the company, for the recovery of any claim upon, under, or by virtue of this policy, shall be sustainable in any court of law or equity unless such suit or action shall be commenced within the term of six months next after the…
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