Rice v. Palatine Insrance
Superior Court of Pennsylvania
Appeal, No. 26, Feb. T., 1900, by defendant, from judgment of C. P.,Tioga Co., April T., 1899, No. 102, on verdict for plaintiff, in case of Erastus Rice v. Palatine Insurance Company, Limited, of Manchester, England. Assumpsit on a policy of fire insurance. Before Mitchell, P. J. At the trial it appeared that the property insured consisted of a house, and barn. The policy covered $800 on the house, and $125 on the barn. Both buildings were also insured in another company.
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Appeal, No. 26, Feb. T., 1900, by defendant, from judgment of C. P.,Tioga Co., April T., 1899, No. 102, on verdict for plaintiff, in case of Erastus Rice v. Palatine Insurance Company, Limited, of Manchester, England. Assumpsit on a policy of fire insurance. Before Mitchell, P. J. At the trial it appeared that the property insured consisted of a house, and barn. The policy covered $800 on the house, and $125 on the barn. Both buildings were also insured in another company. The loss was total. The policy required that within sixty days after a fire the insured should render a sworn statement…
1Opinion of the Court
Opinion by
William W. Pouter, J.,
This action is brought upon a policy of insurance against loss by fire. The property insured was a house and barn. Both were totally destroyed. The defendant alleges that the court below erred in not holding the company to be free from liability, because of failure by the plaintiff to furnish proofs of loss as required by the policy, and because the amount of the loss was not ascertained by agreement of the parties or by appraisal, as stipulated by the policy. It is further alleged that there was no waiver of these stipulations shown, and that the court below…
2Cases cited16 opinions
- Pennsylvania Fire Insurance v. DoughertySupreme Court of Pennsylvania · 1883
- Roe v. Dwelling House InsuranceSupreme Court of Pennsylvania · 1892
- Susquehanna Mutual Fire Insurance v. CusickSupreme Court of Pennsylvania · 1885
- Mentz v. Armenia Fire InsuranceSupreme Court of Pennsylvania · 1875
- Lycoming County Mutual Insurance v. SchollenbergerSupreme Court of Pennsylvania · 1863
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3Cited by2 opinions
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