Porter v. Insurance Co. of North America
Superior Court of Pennsylvania
Appeal, No. 195, Oct. T., 1904, by defendant, from judgment of C. P. Bradford Co., May T., 1902, No. 26, on verdict for plaintiff in case of Theodore F. Porter v. The Insurance Company of North America, of Philadelphia, Pennsylvania. Assumpsit on a policy of fire insurance. Before Fanning, P. J. The facts are stated in the opinion of the Superior Court. At the trial the court gave binding instructions for the plaintiff subject to question of law reserved.
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Appeal, No. 195, Oct. T., 1904, by defendant, from judgment of C. P. Bradford Co., May T., 1902, No. 26, on verdict for plaintiff in case of Theodore F. Porter v. The Insurance Company of North America, of Philadelphia, Pennsylvania. Assumpsit on a policy of fire insurance. Before Fanning, P. J. The facts are stated in the opinion of the Superior Court. At the trial the court gave binding instructions for the plaintiff subject to question of law reserved. Error assigned was in entering judgment on the verdict for plaintiff.
1Opinion of the Court
Opinion by
Obbady, J.,
The defendant company denies all liability in this action for the following reasons : 1. That the policy became void by reason of the nonoccupancy of the premises from November, 1900, to April, 1901. 2. That when the additional insurance on the property was secured by the indorsement on the policy, Effie Tinblepaugh was not the unconditional and sole owner of the property insured. These two propositions may be considered together, inasmuch as the plaintiff’s right to recover at all depends upon the effect in law to be given to that indorsement. The original policy was…
2Cases cited5 opinions
- Western & A. Pipe Lines v. Home Ins., Pennsylvania Court of Common Pleas, Washington County1891
- Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
- Caldwell v. Fire Ass'nSupreme Court of Pennsylvania · 1896
- McKeesport Machine Co. v. Ben Franklin InsuranceSupreme Court of Pennsylvania · 1896
- People's Insurance v. SpencerSupreme Court of Pennsylvania · 1867
3Cited by6 opinions
- Kocher v. KocherSupreme Court of Pennsylvania · 1930
- Bingell v. Royal InsuranceSupreme Court of Pennsylvania · 1913
- Clymer Opera Co. v. Birmingham Fire InsuranceSuperior Court of Pennsylvania · 1912
- Pusti v. Nationwide Mutual InsuranceSupreme Court of Pennsylvania · 1964
- Robson v. Pennsylvania Mutual Live Stock InsuranceSuperior Court of Pennsylvania · 1914
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