McClure v. Watertown Fire Insurance Co. of New York
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Cumberland county : Of May Term 1878, No. 140. Debt by William H. McClure,' in his own right and for use of the First National Bank of Shippensburg, against the Watertown Fire Insurance Company of New York, on a policy of insurance in said company.
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Error to the Court of Common Pleas of Cumberland county : Of May Term 1878, No. 140. Debt by William H. McClure,' in his own right and for use of the First National Bank of Shippensburg, against the Watertown Fire Insurance Company of New York, on a policy of insurance in said company. McClure insured his dwelling-house in the defendant company on the 13th of November 1876. At the time the house was leased to one Hefflefinger, whose lease Avas for one year from April 18th 1876. The policy contained the following clause: “If without written consent of the company first had and obtained, the…
1Opinion of the CourtJustice Gordon
William H. McClure, the plaintiff below, accepted the policy which is the subject of the present contention, subject to the express condition that it should be null and void, “if without the written consent of the company first had and obtained, the dwelling-house or houses hereby insured, become vacant by the removal of the owner or occupant, or cease to be occupied in the usual and ordinary manner that dwelling-houses are occupied.” This provision became part of the contract of insurance; the company agreed to insure the premises at a certain rate, and the plaintiff, in consideration…
2Cases cited1 opinion
- Corrigan v. Connecticut Fire InsuranceMassachusetts Supreme Judicial Court · 1877
3Cited by7 opinions
- Roe v. Dwelling House InsuranceSupreme Court of Pennsylvania · 1892
- Hardiman v. Fire Ass'nSupreme Court of Pennsylvania · 1905
- Doud v. Citizens' Ins.Supreme Court of Pennsylvania · 1891
- Chismore v. Anchor Fire InsuranceSupreme Court of Iowa · 1906
- McCurdy v. Orient InsuranceSuperior Court of Pennsylvania · 1906
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