Penn Plate Glass Co. ex rel. Wertheimer v. Spring Garden Insurance
Supreme Court of Pennsylvania
Appeal, No. 218, Oct. T., 1898, by defendant, from order of C. P. No. 2, Allegheny Comity, Oet. T., 1898, No. 72, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit upon a policy of fire insurance. Before White, P. J. The statement of claim averred that the property insured had been destroyed by fire about 10:30 o’clock p.
Read the full summary
Appeal, No. 218, Oct. T., 1898, by defendant, from order of C. P. No. 2, Allegheny Comity, Oet. T., 1898, No. 72, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit upon a policy of fire insurance. Before White, P. J. The statement of claim averred that the property insured had been destroyed by fire about 10:30 o’clock p. M., on April 12, 1898; that on April 14, 1898, the defendant was notified of the fire, but refused or declined to participate in any ascertainment of the loss, or to appoint appraisers as provided in the policy; that appraisers…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
The policy stipulates that the insurance under it shall begin at noon and expire at noon of the days named. Such an agreement is entirely lawful and, of course, becomes the special rule for the fixing of dates so referred to. But it is by no means clear that it is intended to apply as the rule for all computations of time under the policy. The object of the clause is to fix with precision the term covered by the insurance and thereby to avoid possible dispute on the fundamental basis of any liability for loss. The same reason does not apply with equal force to…
2Cases cited8 opinions
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
- Whitmore v. Dwelling House Ins.Supreme Court of Pennsylvania · 1892
- Commercial Union Assurance Co. v. HockingSupreme Court of Pennsylvania · 1887
- R. W. McCormick & Son v. Royal InsuranceSupreme Court of Pennsylvania · 1894
- Yost v. McKeeSupreme Court of Pennsylvania · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Humphrey v. National Fire Ins. Co. of HartfordTexas Commission of Appeals · 1921
- Gratz v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1924
- Ice City, Inc. v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1974
- Franklin Life Insurance Company v. Mary E. Bieniek and Sewickley Savings & Loan AssociationCourt of Appeals for the Third Circuit · 1963
- Malin v. Netherlands InsuranceMissouri Court of Appeals · 1920
16 more not listed; retrieve them via the Exa API.