Sitler v. Spring Garden Mutual Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 23, March T., 1901, by plaintiff, from order of C. P. York Co., Oct. T., 1900, No. 26, refusing to take off nonsuit in case of E. J. Sitler v. Spring Garden Mut. Fire Insurance Company of York. Assumpsit on a policy of fire insurance.
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Appeal, No. 23, March T., 1901, by plaintiff, from order of C. P. York Co., Oct. T., 1900, No. 26, refusing to take off nonsuit in case of E. J. Sitler v. Spring Garden Mut. Fire Insurance Company of York. Assumpsit on a policy of fire insurance. Before W. F. B. Stewart, J. At the trial it appeared that the plaintiff in his application for insurance had failed to disclose the existence of other insurance amounting to $2,000. He claimed, however, that the company had waived the condition in the policy as to other insurance, and in support of this claim made the following offer: Mr. Black: I…
1Opinion of the Court
Opinion bt
W. D. Porter, J.,
The policy of insurance upon which this action was brought contained this provision : “ This entire policy, unless otherwise provided by agreement indorsed thereon and added thereto, shall be void if the insured now has or shall hereafter make or procure any other contract of insurance, whether valid or not, on property covered in whole or in part by this policy.” At the time the insurance was effected and of the subsequent fire there was in force a policy in the sum of $500 which was stated in plaintiff’s written application to the defendant company, and as the…
2Cases cited17 opinions
- Caldwell v. Fire Ass'nSupreme Court of Pennsylvania · 1896
- Houseman v. Girard Mutual Building & Loan Ass'nSupreme Court of Pennsylvania · 1876
- Dowling v. Merchants InsuranceSupreme Court of Pennsylvania · 1895
- Swan v. Watertown Fire Ins.Supreme Court of Pennsylvania · 1880
- Mentz v. Lancaster Fire InsuranceSupreme Court of Pennsylvania · 1875
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3Cited by8 opinions
- St. Louis Fire & Marine Ins. Co. v. WitneyDistrict Court, M.D. Pennsylvania · 1951
- Russell v. Farmers Mutual Fire InsuranceSupreme Court of Pennsylvania · 1922
- Pusti v. Nationwide Mutual InsuranceSupreme Court of Pennsylvania · 1964
- Stewart v. General Accident Insurance Co. of PhiladelphiaSuperior Court of Pennsylvania · 1909
- Lightcap v. NicolaSupreme Court of Pennsylvania · 1907
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