Coal Co. v. Insurance Co.
Superior Court of Pennsylvania
Appeal, No. 134, April T., 1900, by plaintiff, in a suit of Slope Mine Coal Company against the Quaker City Mutual Fire Insurance Company of Philadelphia, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1898, No. 581, in favor of defendant on case stated. Opinion by Beaver, J. Assumpsit. The following undisputed facts appear from the testimony: The policy upon which suit is brought bears date June 11, 1897, and runs for the period of one year.
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Appeal, No. 134, April T., 1900, by plaintiff, in a suit of Slope Mine Coal Company against the Quaker City Mutual Fire Insurance Company of Philadelphia, from judgment of C. P. No. 3, Allegheny Co., Feb. T., 1898, No. 581, in favor of defendant on case stated. Opinion by Beaver, J. Assumpsit. The following undisputed facts appear from the testimony: The policy upon which suit is brought bears date June 11, 1897, and runs for the period of one year. The fire which caused the' loss occurred October 28, 1897. Proper notice of the fire was given to defendant company, and also proof of loss…
1Opinion of the Court
Opinion by
Beaver, J.,
The plaintiff claims for a loss by fire under a policy of insurance in which is contained a copy of the by-laws of the company subject to which the policy was issued, article 13 of which is as follows: “If property real or personal covered by the policy of a member be or become incumbered by a mortgage, trust deed, judgment or otherwise, the entire policy shall be void, unless otherwise provided by agreement indorsed on the policy or added thereto.”
On the trial in the court below a verdict was taken in favor of plaintiff for the amount of its claim subject to the opinion…
2Cases cited5 opinions
- McFarland v. Kittanning Ins.Supreme Court of Pennsylvania · 1890
- Penn. Mut. Fire Ins. v. SchmidtSupreme Court of Pennsylvania · 1888
- Hench v. Agricultural Ins.Supreme Court of Pennsylvania · 1888
- Seybert's Administrators v. Pennsylvania Mutual Fire InsuranceSupreme Court of Pennsylvania · 1883
- Renninger v. Dwelling House InsuranceSupreme Court of Pennsylvania · 1895
3Cited by2 opinions
- Kittelberger, Ex. v. Clearfield I. Co.Superior Court of Pennsylvania · 1932
- Ayres v. American Mutual InsuranceSuperior Court of Pennsylvania · 1963