Pennsylvania Fire Insurance v. Dougherty
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county : Of January term, 1883, No. 186. Debt, on a policy of insurance, by Henry Dougherty, administrator c. t. a. of Elizabeth .Dougherty, deceased, against the Pennsylvania Fire Insurance Company. Plea, nil debet.
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Error to the Court of Common Pleas of Lehigh county : Of January term, 1883, No. 186. Debt, on a policy of insurance, by Henry Dougherty, administrator c. t. a. of Elizabeth .Dougherty, deceased, against the Pennsylvania Fire Insurance Company. Plea, nil debet. On the trial, before Albright, P. J., tlie following facts appeared : Elizabeth Dougherty, wife of Henry Dougherty, purchased a lot of ground from the executors of Charles Kramer, on October 17th 1867. No deed was given for the ground conveyed, but a receipt was given for tlie purchase money and the grantee entered into possession.…
1Opinion of the CourtJustice Gordon
The learned counsel for the plaintiff in error classifies and argues his ten assignments of error under three heads : — First, that there was no evidence of a waiver on part of the insurance company, of the proofs of loss. Second, that under the pleadings, proof of an implied waiver was not admissible. Third, that the assured had no such title to the insured premises as that warranted in her application.
Adopting the order thus prescribed, we make answer to these assignments as follows: First, the waiver of the proofs of loss required in a policy, may be inferred by any act of the insurer…
2Cited by43 opinions
- Fedas v. Insurance Co. of PennsylvaniaSupreme Court of Pennsylvania · 1930
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
- Roe v. Dwelling House InsuranceSupreme Court of Pennsylvania · 1892
- Hughes v. Central Accident InsuranceSupreme Court of Pennsylvania · 1909
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