Giordano v. St. Paul Fire & Marine Ins.
Superior Court of Pennsylvania
Appeal, No. 61, March T., 1917, by defendant, from judgment of C. P. Luzerne Co., on verdict for plaintiff in case of Michael Giordano and Anna Rosa Giordano v. St. Paul Fire and Marine Insurance Company. Assumpsit on a policy of fire insurance. The case turned on whether proofs of loss had been rendered in time, Verdict and judgment for plaintiff for $1,250. Defendant appealed. Error assigned was in refusing binding instructions for defendant.
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff’s action was on a policy of insurance. The only question presented, on the appeal arises out of a provision of the policy that the insured shall within 60 days after the fire render a statement to the company as to the time and origin of the fire, etc. It is conceded that proofs of loss were mailed in the City of Hazleton, Pa., on the sixtieth day after the fire and that they arrived in New York, where the defendant has an office, on the same day. No witness was called to show that the proofs were not delivered to the office of the company that day but a…
2Cases cited2 opinions
- Whitmore v. Dwelling House Ins.Supreme Court of Pennsylvania · 1892
- Vinkelstein v. Northwestern National InsuranceSuperior Court of Pennsylvania · 1916
3Cited by3 opinions
- Horn v. Lehigh Valley RailroadSupreme Court of Pennsylvania · 1922
- Fisher v. American National InsuranceDistrict Court, E.D. Pennsylvania · 1956
- Straub v. Edward G. Budd Manufacturing Co.Superior Court of Pennsylvania · 1934