Swan v. Watertown Fire Ins.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Indiana county: Of October and November Term 1879, No. 205. Assumpsit by George Swan, assignee of George H. Warren, against the Watertown Fire Insurance Company, on a policy of insurance. The defendant is a foreign insurance company, organized under the laws of New York. It obtained a license to do insurance business in this state under the provisions of the Act of 4th of April 1873, Pamph.
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Error to the Court of Common Pleas of Indiana county: Of October and November Term 1879, No. 205. Assumpsit by George Swan, assignee of George H. Warren, against the Watertown Fire Insurance Company, on a policy of insurance. The defendant is a foreign insurance company, organized under the laws of New York. It obtained a license to do insurance business in this state under the provisions of the Act of 4th of April 1873, Pamph. L. 26. The company named Samuel G. W. Brown as an agent, to whom the insurance commissioner issued a certificate under the provisions of said act, which authorized him…
1Opinion of the CourtJustice Trunkey
delivered the opinion of .the court, November 15th 1880.
The application and policy constitute the contract, unless some matter was fraudulently or mistakenly inserted or omitted, changing it to something else than was agreed upon. Each party pretends not fully to have known the contents before the burning of the property insured; the company asserts it had not seen the application and had no knowledge of Smullen’s agency, and Warren says he never read the policy and that the application was altered after he had signed and delivered it' to the agent. Yet both claim they made an agreement'; one…
2Cited by23 opinions
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- Dowling v. Merchants InsuranceSupreme Court of Pennsylvania · 1895
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