Legal Opinion

Brown v. Pennsylvania Casualty Co.

Supreme Court of Pennsylvania

Decided January 4, 1904No. Appeal, No. 146PublishedCited by 6 opinions

Appeal, No. 146, Oct. T., 1903, by Anna Z. Brown, administratrix, from judgment of C. P. No. 1, Allegheny County, March T., 1902, No. 592, on verdict for defendant in ease of Anna Z. Brown, Administratrix of the Estate of John P. Brown, Deceased, v. The Pennsylvania Casualty Company of Scranton, Pa. Assumpsit upon a policy of accident insurance. Before Brown, J. The opinion of the Supreme Court states the case.

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Appeal, No. 146, Oct. T., 1903, by Anna Z. Brown, administratrix, from judgment of C. P. No. 1, Allegheny County, March T., 1902, No. 592, on verdict for defendant in ease of Anna Z. Brown, Administratrix of the Estate of John P. Brown, Deceased, v. The Pennsylvania Casualty Company of Scranton, Pa. Assumpsit upon a policy of accident insurance. Before Brown, J. The opinion of the Supreme Court states the case. At the trial the following offer was made: I propose to prove by the witness that he has told two witnesses in court on different occasions that it is the practice of the agency here…

1Opinion of the Court

Pee Cubiam,

Tbe express condition of tbe policy is that no renewal of it shall “ take effect unless the premium is actually paid previous to any accident under which claim is made.” It is admitted that the renewal premium was not paid until after the accident, but appellant claims to go to the jury on the question of waiver. The cases on this subject have been exceedingly liberal in favor of tbe insured, but none of them go as far as we are asked to do here. Tbe underlying element which opens the question of implied waiver to the jury is that the insurer has done some act or pursued some…

2Cited by6 opinions

  1. Pyrich v. Scranton Life InsuranceSuperior Court of Pennsylvania · 1928
  2. Milton Weaving Co. v. Northumberland County Gas & Electric Co.Supreme Court of Pennsylvania · 1915
  3. Martha Co. v. Nationwide Mutual InsuranceDistrict Court, M.D. Pennsylvania · 1979
  4. Klopik v. General American Life InsuranceSuperior Court of Pennsylvania · 1944
  5. Sykes v. United Insurance Co.Superior Court of Pennsylvania · 1950

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