Davis ex rel. White v. Fireman's Fund Insurance
Superior Court of Pennsylvania
Appeal, No. 25, April T., 1897, by defendant, from judgment of C. P. Beaver Co., on verdict for plaintiffs. Assumpsit on policy of fire insurance. Before Wilson, P. J. It appeared from the evidence that plaintiffs erected a one-story frame shingle-roofed building, which was occupied by them as a clothing store and sleeping room which they had leased from one William Wagner.
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Appeal, No. 25, April T., 1897, by defendant, from judgment of C. P. Beaver Co., on verdict for plaintiffs. Assumpsit on policy of fire insurance. Before Wilson, P. J. It appeared from the evidence that plaintiffs erected a one-story frame shingle-roofed building, which was occupied by them as a clothing store and sleeping room which they had leased from one William Wagner. What the terms of the lease were and whether the building was owned by plaintiffs or by the landlord, does not appear from the evidence. On April 9, 1891, a policy of insurance against direct loss or damage by fire to this…
1Opinion of the Court
Opinion by'
Reedeb, J.,
The defendant claims that the court below erred in submitting this case to the jury, first, because there could be no recovery, the policy containing the condition that it should be void “if the subject of insurance be a building on ground not owned by the insured in fee simple; ” second, that no proofs of loss were proven to have been made to the company after the loss of the building.
It is admittedly true that the plaintiff’s building was constructed upon land the possession of which was acquired by the plaintiff by lease, that no application was filed, no fraudulent…
2Cases cited17 opinions
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
- Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
- Roe v. Dwelling House InsuranceSupreme Court of Pennsylvania · 1892
- Whitmore v. Dwelling House Ins.Supreme Court of Pennsylvania · 1892
- Caldwell v. Fire Ass'nSupreme Court of Pennsylvania · 1896
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3Cited by4 opinions
- Stainer ex rel. Northampton County Building & Loan Ass'n v. Royal InsuranceSuperior Court of Pennsylvania · 1900
- Hood v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1904
- Rice v. Palatine InsranceSuperior Court of Pennsylvania · 1901
- Ludwig Piano Co. v. BrowneSuperior Court of Pennsylvania · 1907