O'Neil v. Am. Fire Ins.
Supreme Court of Pennsylvania
Appeals, Nos. 306 and 307, Oct. T., 1894, by plaintiffs, from orders of C. P. No. 2, Allegheny Co., Oct. T., 1893, Nos. 153 and 154, entering judgments of non-suit. Assumpsit on policy of fire insurance.
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Appeals, Nos. 306 and 307, Oct. T., 1894, by plaintiffs, from orders of C. P. No. 2, Allegheny Co., Oct. T., 1893, Nos. 153 and 154, entering judgments of non-suit. Assumpsit on policy of fire insurance. Before Ewing, P. J. At the trial it appeared that, on Nov. 2, 1892, each of the defendant companies executed and delivered to plaintiffs a policy of insurance on a certain building in McKeesport—one for $1,600 and the other for $500. These policies were in the standard form prescribed by the insurance commissioner under the act of April 16,1891, P. L. 22. On Nov. 6,1892, while the policy was…
1Opinion of the Court
¿üeinion by
Mjr.. Justice Williams!
[The compulsory nonsuit entered in this case must stand or fall with the act of 16th April, 1891, P. L. 22, entitled “ An act to provide for a uniform contract or policy of insurance to be made and issued by all insurance companies taking fire risks on property within the state.” The action is upon a policy in the form prepared by the insurance commissioner under the directions of that act. At the trial the plaintiff gave his policy in evidence and then offered the testimony of witnesses for the purpose of showing a waiver by the company of the conditions in…
2Cases cited4 opinions
- Commonwealth ex rel. McClain v. LockeSupreme Court of Pennsylvania · 1873
- Smith v. McCarthySupreme Court of Pennsylvania · 1867
- Parker v. CommonwealthSupreme Court of Pennsylvania · 1847
- Commonwealth ex rel. Lyons v. PainterSupreme Court of Pennsylvania · 1849
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