Astrich v. German-American Ins. Co.
U.S. Circuit Court for the District of Middle Pennsylvania
At Raw. On rule for judgment in favor of defendant non obstante veredicto on reserved point. This was an action on a policy of insurance for $4,500 on a stock of millinery goods. The total amount of insurance carried was $22,000, which the plaintiff claimed was exceeded by his loss.
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At Raw. On rule for judgment in favor of defendant non obstante veredicto on reserved point. This was an action on a policy of insurance for $4,500 on a stock of millinery goods. The total amount of insurance carried was $22,000, which the plaintiff claimed was exceeded by his loss. The jury having found in favor of tlie plaintiff for practically the full amount of his claim, the verdict was taken subject to the following point of law reserved: “It being the undisputed evidence that the plaintiff’s stock of goods was insured to the extent of twenty-two thousand dollars ($22,000) in thirteen…
1Opinion of the Court
ARCHBALD, District Judge.
The undertaking of the defendants as insurers was one of conditional indemnity only, their liability in case of loss being limited to the actual damage sustained — not exceeding the amount of the policy — upon compliance on the part of the insured with the terms and conditions there named. To assist in . the correct ascertainment of it, certain duties were imposed upon the insured, prominent and primary among which was that he should give immediate notice of the fire; forthwith separate the damaged from the undamaged property, putting the same in the best order…
2Cases cited7 opinions
- Morrell v. . Irving Fire Insurance Co.New York Court of Appeals · 1865
- Beals v. . the Home Insurance Co.New York Court of Appeals · 1867
- Chainless Cycle Manufacturing Co. v. Security Insurance Co. of New HavenNew York Court of Appeals · 1901
- Oshkosh Match Works v. Manchester Fire Assurance Co.Wisconsin Supreme Court · 1896
- Thornton v. Security Ins.U.S. Circuit Court for the District of Middle Pennsylvania · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Farmers Mercantile Co. v. Farmers Ins.Supreme Court of Iowa · 1913
- Springfield F. & M. Ins. v. Hays & SonSupreme Court of Oklahoma · 1916
- Marblestone Co. v. Phoenix Assurance Co., Ltd.Supreme Court of Minnesota · 1926
- Patterson & Co. v. Robinson Bros.U.S. Circuit Court for the District of Middle Pennsylvania · 1908
- Springfield F. & M. Ins. v. Hays & SonSupreme Court of Oklahoma · 1916