Robson v. Pennsylvania Mutual Live Stock Insurance
Superior Court of Pennsylvania
Appeal, No. 81, April T., 1914, by defendant, from judgment of C. P. Erie Co., Sept. T., 1911, No. 192, on verdict for plaintiff in case of H. L. Robson v. Pennsylvania Mutual Live Stock Insurance Company. Assumpsit upon a policy of live stock insurance.
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Appeal, No. 81, April T., 1914, by defendant, from judgment of C. P. Erie Co., Sept. T., 1911, No. 192, on verdict for plaintiff in case of H. L. Robson v. Pennsylvania Mutual Live Stock Insurance Company. Assumpsit upon a policy of live stock insurance. At the trial it appeared that on June 13, 1910, defendant issued to the plaintiff a policy insuring p, horse for the amount of $500. The horse died in March, 1911. The policy stated that the age of the horse was fourteen years. Its actual age was fifteen years. The evidence showed that the plaintiff had correctly stated the age, but a mistake…
1Opinion of the Court
Opinion by
Trexler, J.,
The plaintiff was the owner of a stallion which defendant insured for the term of one year. The policy covered death from accident, disease or fire. The animal having died and suit having been brought on the policy, defendant company set up various matters on defense which we are now required to consider. They are as follows:
1. That there was a mistake in the policy as to the age of the horse. At the time the insurance was effected the horse was fifteen years of age. In the policy the age is stated as fourteen. The question of age is material to the risk: March v.…
2Cases cited17 opinions
- March v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1898
- Caldwell v. Fire Ass'nSupreme Court of Pennsylvania · 1896
- Eilenberger v. Protective Mutual Fire InsuranceSupreme Court of Pennsylvania · 1879
- Philad. Tool Co. v. British Am. Assurance Co.Supreme Court of Pennsylvania · 1890
- Swan v. Watertown Fire Ins.Supreme Court of Pennsylvania · 1880
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3Cited by4 opinions
- Parker Precision Products Co. v. Metropolitan Life InsuranceCourt of Appeals for the Third Circuit · 1969
- Ostrov v. Metropolitan Life InsuranceDistrict Court, E.D. Pennsylvania · 1966
- Kearney v. Security Ins.Superior Court of Pennsylvania · 1917
- Parker Precision Products Co. v. Metropolitan Life Insurance Co.Court of Appeals for the Third Circuit · 1969