Zaffuto v. Northern Ins. Co. of N. Y.

Opinion by

Keller, J.,

This is an action on a policy contract issued by the defendant company to the plaintiff insuring his automobile against loss by (1) theft and (2) fire respectively.

On July 13, 1928, plaintiff drove with some friends on a pleasure trip from Indiana, Pa., to Pittsburgh and left the car locked on Beatty Street, near the Boulevard, while he and his friends had dinner and went to see a show. When they came back the ear was missing. He gave notice the next day to the agent of the defendant, who issued and countersigned the policy, (Phila. Auto Finance Co. v. Agricultural Ins.…