Earley v. Mutual Fire Insurance
Supreme Court of Pennsylvania
Appeal, No. 5, May T., 1896, by defendant, from' judgment of C. P. Daupbin County, March Term, 1895, No. 93, on verdict for plaintiff. Assumpsit on a policy of fire insurance. Before McPherson, J. The facts appear by the opinion of the Supreme Court. The court reserved the question whether there was any evidence of waiver to go to the jury.
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Appeal, No. 5, May T., 1896, by defendant, from' judgment of C. P. Daupbin County, March Term, 1895, No. 93, on verdict for plaintiff. Assumpsit on a policy of fire insurance. Before McPherson, J. The facts appear by the opinion of the Supreme Court. The court reserved the question whether there was any evidence of waiver to go to the jury. Verdict for plaintiff with answers to questions submitted by the court as follows: 1. Did the company have notice before the fire that the plaintiff was using the property in part for a creamery? Answer : No. 2. If so did the company waive any right of…
1Opinion of the Court
Opinion by
Mr. Justice Gbeen,
It is beyond all question that the plaintiff had forfeited all right of recovery on his policy at the time of the fire, by *633breaches of material conditions of the instrument. The learned court below so instructed the jury, and the correctness of that instruction is practically conceded by the appellee. The only question left in the case was the question of waiver of the defenses which the company clearly had, by acts done after the fire. The question of waiver depends almost, perhaps quite, exclusively upon the character of the company’s act in offering to pay the…
2Cases cited9 opinions
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
- R. W. McCormick & Son v. Royal InsuranceSupreme Court of Pennsylvania · 1894
- McGonigle v. Susquehanna Mutual Fire InsuranceSupreme Court of Pennsylvania · 1895
- McFarland v. Kittanning Ins.Supreme Court of Pennsylvania · 1890
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3Cited by4 opinions
- Antone v. New Amsterdam Casualty Co.Supreme Court of Pennsylvania · 1939
- Hower v. Susquehanna Mutual Fire InsuranceSuperior Court of Pennsylvania · 1898
- Rice v. Palatine InsranceSuperior Court of Pennsylvania · 1901
- Shay v. Phœnix Accident & Sick Benefit Ass'nSuperior Court of Pennsylvania · 1905