Pottsville Mutual Fire Ins. v. Minnequa Springs Improvement Co.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Bradford county : Of January Term 1881, No. 294. Debt, on a policy of fire insurance, by the Minnequa Springs Improvement Company to use of Benjamin S. Bently, trustee, On the trial, before Ingham, P. J., the policy was put in evidence which contained, inter alia, the following conditions:— “No insurance, whether original or continued, shall be considered as binding until the actual cash payment of the premium, into the office of the…
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Error to the Court of Common Pleas of Bradford county : Of January Term 1881, No. 294. Debt, on a policy of fire insurance, by the Minnequa Springs Improvement Company to use of Benjamin S. Bently, trustee, On the trial, before Ingham, P. J., the policy was put in evidence which contained, inter alia, the following conditions:— “No insurance, whether original or continued, shall be considered as binding until the actual cash payment of the premium, into the office of the company.” “And said company shall in no case be deemed to have waived a full, literal and strict compliance with and…
1Opinion of the CourtJustice Green
The sixth condition of the policy in suit is in the following-words : “No insurance, whether original or continued, shall be considered as binding until the actual cash payment of the premium, into the office of the company.”
The policy on its face contains as one of its terms the following provision: “ And it is moreover agreed and declared, that this policy is made and accejDted in reference to the application, also the conditions hereto annexed, which are hereby made a part of this policy, and to be used and resorted to, in order to explain the rights and obligations of the parties hereto.”
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2Cases cited2 opinions
- Hartford Fire Insurance v. ReynoldsMichigan Supreme Court · 1877
- Standard Oil Co. v. . Triumph Insurance Co.New York Court of Appeals · 1876
3Cited by16 opinions
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Thomas v. Employers Liability Assurance Corp. Ltd. of LondonSupreme Court of Pennsylvania · 1925
- Transcontinental Oil Co. v. Atlas Assurance Co.Supreme Court of Pennsylvania · 1924
- Arthurholt v. Susquehanna Mut. Fire Ins.Supreme Court of Pennsylvania · 1893
- Kompa v. Franklin Fire InsuranceSuperior Court of Pennsylvania · 1905
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