Legal Opinion

Clymer Opera Co. v. Flood City Mutual Fire Ins.

Supreme Court of Pennsylvania

Decided January 6, 1913No. Appeal, No. 6PublishedCited by 20 opinions

Appeal, No. 6, Oct. T., 1912, by defendant, from judgment of O. P. Indiana Co., June T., 1910, No. 361, on verdict for plaintiff, in case of Clymer Opera Company, for itself and for use of the Savings & Trust Company of Indiana, Pa., v. Flood City Mutual Fire Insurance Company. Assumpsit on a policy of fire insurance.' Before Tel-ford, P. J. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 6, Oct. T., 1912, by defendant, from judgment of O. P. Indiana Co., June T., 1910, No. 361, on verdict for plaintiff, in case of Clymer Opera Company, for itself and for use of the Savings & Trust Company of Indiana, Pa., v. Flood City Mutual Fire Insurance Company. Assumpsit on a policy of fire insurance.' Before Tel-ford, P. J. The facts are stated in the opinion of the Supreme Court. The trial judge charged in part as follows: [“If you find that Mr. C. C. McLain was an agent of the defendant companies, and as agent got this insurance and had it written knowing that the property…

1Opinion of the Court

Opinion by

Mr. Justice Moschziskeb,

This is an appeal by the defendant insurance company from a judgment entered against it upon a verdict rendered in favor of the plaintiff in an action of assumpsit brought on two policies of fire insurance. The appellant does not deny that it issued the policies sued upon or that the plaintiff suffered the losses alleged by it, but contends that since the plaintiff’s interest in the insured property was not “unconditional and sole ownership” the policies were void under the following clauses contained in each of them: “This entire policy, unless otherwise…

2Cases cited3 opinions

  1. Caldwell v. Fire Ass'nSupreme Court of Pennsylvania · 1896
  2. Philad. Tool Co. v. British Am. Assurance Co.Supreme Court of Pennsylvania · 1890
  3. Damms v. Humboldt Fire InsuranceSupreme Court of Pennsylvania · 1910

3Cited by20 opinions

  1. Arlotte v. National Liberty InsuranceSupreme Court of Pennsylvania · 1933
  2. Kocher v. KocherSupreme Court of Pennsylvania · 1930
  3. Hoffman v. Mutual Fire Insurance Co. of ReadingSupreme Court of Pennsylvania · 1922
  4. Isaac v. Donegal & Conoy Mut. Fire Ins.Supreme Court of Pennsylvania · 1932
  5. Russell v. Farmers Mutual Fire InsuranceSupreme Court of Pennsylvania · 1922

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