Davison v. London & Lancashire Fire Insurance
Supreme Court of Pennsylvania
Appeal, No. 32, Oct. T., 1898, by defendant, from judgment of C. P. No. 1, Allegheny County, Sept. T., 1896, No. 197, on verdict for plaintiff. Assumpsit on a policy of fire insurance. Before Stowe, P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 32, Oct. T., 1898, by defendant, from judgment of C. P. No. 1, Allegheny County, Sept. T., 1896, No. 197, on verdict for plaintiff. Assumpsit on a policy of fire insurance. Before Stowe, P. J. The facts appear by the opinion of the Supreme Court. The trial judge charged in part as follows: This policy ceased to have any legal effect at the time the property was removed to Shousetown, and so far as the company was concerned all it had to do was to do nothing; if the property was destroyed down there, the company would not be liable, under the assumption that nothing had taken place…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
In the instructions to the jury on the subject of the return of *136a proportionate part of the unearned premium by the company to the plaintiff, as a condition precedent to a cancellation of the policy, the judge in the haste of the trial overlooked the vital distinction between a cancellation by act of the company and by act of the insured. A contract of insurance, like any other, requires the consent of both parties to cancel or rescind it, unless by its own terms a right to do so is given to either party alone, and if such right is given upon conditions they…
2Cited by26 opinions
- Bucuk v. Edward A. Zusi Brass FoundryNew Jersey Superior Court Appellate Division · 1958
- Moore v. Bridgewater Tp.New Jersey Superior Court Appellate Division · 1961
- German Union Fire Insurance v. Fred G. Clarke Co.Court of Appeals of Maryland · 1911
- Slater v. General Cas. Co. of AmericaSupreme Court of Pennsylvania · 1942
- City of Bayonne v. PalmerNew Jersey Superior Court Appellate Division · 1966
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