Rauschenberger v. Mutual Benefit Fire Insurance

Opinion by

Mr. Justice Allen M. Stearne,

This is an appeal from the refusal of a new trial following a directed verdict for defendant in an assumpsit suit by plaintiff, the appellant, against a fire insurance company, the appellee.

On July 13, 1946, the defendant insurance company issued a written fire insurance policy on appellant’s garage. The term of the policy was for one year. It had been obtained by appellant, the owner, through Merle A. McKee, a local soliciting agent of the insurance company. Appellant averred that at the expiration of its term McKee orally agreed to continue the policy…