Maculuso v. Humboldt Fire Insurance
Supreme Court of Pennsylvania
Appeal, No. 27, Oct. T., 1921, by defendant, from judgment of C. P. Allegheny Co., Oct. T., 1919, No. 1010, on verdict for plaintiff, in case of Josephine Maculuso v. The Humboldt Fire Insurance Company of Pittsburgh. Assumpsit on a policy of fire insurance. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $2,090. Defendant appealed.
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Appeal, No. 27, Oct. T., 1921, by defendant, from judgment of C. P. Allegheny Co., Oct. T., 1919, No. 1010, on verdict for plaintiff, in case of Josephine Maculuso v. The Humboldt Fire Insurance Company of Pittsburgh. Assumpsit on a policy of fire insurance. The opinion of the Supreme Court states the facts. Verdict and judgment for plaintiff for $2,090. Defendant appealed. Errors assigned were (1) refusal to grant a new trial for error in admission of testimony in certain parts of the charge of the court and because the verdict was against the weight of the evidence, and (2, 3), portions of…
1Opinion of the Court
Per Curiam,
Defendant company insured plaintiff’s house; a fire occurred; plaintiff sued and recovered a verdict, on which judgment was entered; defendant has appealed.
The principal complaint is that plaintiff was permitted to explain away a statement, in its proof of loss, to *491the effect that the insured premises were unoccupied at the date of the fire and had been so for a period of time; which statement, if correct, would have defeated her right of recovery. There was no error in this: Lebanon Mutual Ins. Co. v. Kepler, 106 Pa. 28, 34; Holleran v. Life Assurance Co., 18 Pa. Superior Ct. 573,…
2Cases cited4 opinions
- Baldi v. Metropolitan InsuranceSuperior Court of Pennsylvania · 1902
- Lebanon Mutual Insurance v. KeplerSupreme Court of Pennsylvania · 1884
- Ward v. Babbitt, Inc.Supreme Court of Pennsylvania · 1921
- Holleran v. Life Assurance Co. of AmericaSuperior Court of Pennsylvania · 1902
3Cited by11 opinions
- Feller v. New Amsterdam Cas. Co.Supreme Court of Pennsylvania · 1949
- Feller v. New Amsterdam Casualty Co.Supreme Court of Pennsylvania · 1950
- Commonwealth v. OylerSuperior Court of Pennsylvania · 1937
- Quartz v. PittsburghSupreme Court of Pennsylvania · 1940
- Duff v. HamlinSupreme Court of Pennsylvania · 1922
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