Legal Opinion

Lennox v. Greenwich Insurance

Superior Court of Pennsylvania

Decided October 12, 1896No. Appeal, No. 92Published

Appeal, No. 92, April T., 1896, by defendant, from judgment of C. P. No. 3, Allegheny County, November Term, 1892, No. 246, on verdict for plaintiff. Assumpsit on fire insurance policy. Before Kennedy, P. J. At the trial it appeared that plaintiff owned a house in Oak-dale. His father lived in Washington, Pa., and a few days before the date of the policy sent an agent named Hughes to Oakdale to see his son about insurance.

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Appeal, No. 92, April T., 1896, by defendant, from judgment of C. P. No. 3, Allegheny County, November Term, 1892, No. 246, on verdict for plaintiff. Assumpsit on fire insurance policy. Before Kennedy, P. J. At the trial it appeared that plaintiff owned a house in Oak-dale. His father lived in Washington, Pa., and a few days before the date of the policy sent an agent named Hughes to Oakdale to see his son about insurance. Hughes, a life insurance agent, went to Oakdale supposing plaintiff wanted life insurance, but upon arrival found that fire insurance was desired. At plaintiff’s request he…

1Opinion of the Court

Opinion by

Rice, P. J.,

The’ subject of - insurance as described in the policy was the plaintiff’s “ two story frame tin roof dwelling.” The policy con*433tains this condition: “ This entire policy shall be void if the insured has concealed or misrepresented in writing or otherwise any material fact or circumstance concerning this insurance or the subject thereof.” The defendant alleged, and introduced evidence to show, that the building was not a dwelling but a feed store and that the policy was issued .upon the oral application of Samuel Hughes, and upon the information furnished by him to J. A.…

2Cases cited5 opinions

  1. Lenox v. Greenwich InsuranceSupreme Court of Pennsylvania · 1895
  2. Pottsville Mutual Fire Ins. v. Minnequa Springs Improvement Co.Supreme Court of Pennsylvania · 1882
  3. Somerset County Mutual Fire Insurance v. UsawSupreme Court of Pennsylvania · 1886
  4. Pottsville Mutual Fire Insurance v. FrommSupreme Court of Pennsylvania · 1882
  5. Cumberland Valley Mutual Protection Co. v. DouglasSupreme Court of Pennsylvania · 1868

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