Legal Opinion

Hottner v. Aachen & Munich Fire Insurance

Superior Court of Pennsylvania

Decided October 5, 1906No. Appeal, No. 79PublishedCited by 9 opinions

Appeal, No. 79, April T., 1906, by defendant, from judgment of C. P. Fayette Co., Sept. T., 1904, No. 188, on verdict for plaintiff in case of Nathan Hottner v. Aachen and Munich Fire Insurance Company of Aix-la-Chapelle, Germany. Assumpsit on a policy of fire insurance. Before Umbel, J. The facts are stated in the opinion of the Superior Court. - Verdict and judgment for plaintiff for $1,054.90. Defendant appealed.

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Appeal, No. 79, April T., 1906, by defendant, from judgment of C. P. Fayette Co., Sept. T., 1904, No. 188, on verdict for plaintiff in case of Nathan Hottner v. Aachen and Munich Fire Insurance Company of Aix-la-Chapelle, Germany. Assumpsit on a policy of fire insurance. Before Umbel, J. The facts are stated in the opinion of the Superior Court. - Verdict and judgment for plaintiff for $1,054.90. Defendant appealed. Error assigned was (6) refusal of binding instructions for defendant..

1Opinion of the Court

Opinion by

Head, J.,

The policy of insurance, on which this action is founded, indemnified the appellee against loss by fire on his stock of mer*463ehandise from October 20, 1908 to October 20, 1904. It had been countersigned and delivered by T. A. Jeffries, the local agent of the appellant company at Brownsville, Pa. It was of the usual form commonly known as a “ standard policy.” Its covenants were therefore mutual and the obligations it imposed on the insured were just as solemn and binding as the obligation of indemnity assumed by the insurer. Among the important covenants to be performed by…

2Cases cited9 opinions

  1. Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
  2. Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
  3. Pottsville Mutual Fire Ins. v. Minnequa Springs Improvement Co.Supreme Court of Pennsylvania · 1882
  4. Mitchell v. Lycoming Mutual InsuranceSupreme Court of Pennsylvania · 1866
  5. Marland v. Royal InsuranceSupreme Court of Pennsylvania · 1872

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3Cited by9 opinions

  1. Levinton v. Ohio Farmers InsuranceSupreme Court of Pennsylvania · 1920
  2. Francis v. Iowa National Fire InsuranceCalifornia Court of Appeal · 1931
  3. Butler Candy Co. v. Springfield Fire & Marine Ins.Supreme Court of Pennsylvania · 1929
  4. Devaney v. Northwestern National InsuranceSuperior Court of Pennsylvania · 1916
  5. Edelson v. Norwich Union Fire InsuranceSuperior Court of Pennsylvania · 1915

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