Moliere v. Pennsylvania Fire Insurance
Supreme Court of Pennsylvania
This was an action on a policy of insurance against fire, dated 11th February, 1826, No. 505, originally made for one year, and afterwards renewed from year to year, by endorsements on the policy.
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This was an action on a policy of insurance against fire, dated 11th February, 1826, No. 505, originally made for one year, and afterwards renewed from year to year, by endorsements on the policy. The premises insured (which with their contents were totally consumed by fire, on the 19th of June, 1829,) were described in the policy, and in the' order of insurance as “ a brick icehouse, one story high, and about forty feet square — also, on a brick icehouse adjoining, one story high and about thirty-two feet square, situated on the east side of George Street, between Shippen and Plumb streets,…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant, J.
A mistake in a policy may be rectified, when it clearly appears, from the label or other satisfactory evidence, that it *347was reduced to writing in terms not conformable to the real intention of the parties. Motteux v. London, Ass. Co., 1 Atk. 545. Henckle v. Royal Exch. Ass. Co. 1 Ves. 317. I see no reason why the same thing may not be done in the present instance, by correcting the policy according to the verbal description furnished to the secretary, if the evidence shows that he omitted a material part of that description. The memorandum,…
2Cited by8 opinions
- Ayres v. Hartford Fire InsuranceSupreme Court of Iowa · 1864
- Schwarzbach v. Ohio Valley Protective UnionWest Virginia Supreme Court · 1885
- Palmer v. Hartford Fire InsuranceSupreme Court of Connecticut · 1887
- Planters' Insurance v. MyersMississippi Supreme Court · 1877
- Batchelder v. Queen InsuranceMassachusetts Supreme Judicial Court · 1883
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