Legal Opinion

Lenox v. Greenwich Insurance

Supreme Court of Pennsylvania

Decided January 7, 1895No. Appeal, No. 239PublishedCited by 27 opinions

Appeal, No. 239, Oet. T., 1894, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1892, No. 246, on verdict for plaintiff. Assumpsit on fire insurance policy. Before McOlung-, J. At the trial it appeared that plaintiff owned a house in Oakdale. His father lived in Washington, Pa., and, a few dajrs before the date of the policy, sent an agent named Hughes to Oakdale with a view of having him place insurance on plaintiff’s property and that of his sister.

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Appeal, No. 239, Oet. T., 1894, by defendant, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1892, No. 246, on verdict for plaintiff. Assumpsit on fire insurance policy. Before McOlung-, J. At the trial it appeared that plaintiff owned a house in Oakdale. His father lived in Washington, Pa., and, a few dajrs before the date of the policy, sent an agent named Hughes to Oakdale with a view of having him place insurance on plaintiff’s property and that of his sister. Plaintiff simply pointed out the property to Hughes. Hughes returned to Washington and either because he was an agent for…

1Opinion of the Court

Opinion by

Mr. Justice Mitchell,

The act of May 11, 1881, P. L. 20, is necessarily limited to writings. It requires that all policies of insurance “ which contain any reference to the application of the insured .... either as forming part of the policy or contract between the parties thereto, or having any bearing on said contract, shall contain or have attached to said policies, correct copies of the applied*577tion as signed by the applicant,” etc. There can be no “ correct copy as signed ” of an oral application, nor can a “ copy ” even of a written application be “ attached ” to an oral…

2Cases cited1 opinion

  1. Curry v. Sun Fire OfficeSupreme Court of Pennsylvania · 1893

3Cited by27 opinions

  1. Dona W. Horowitz, Individually and as Co-Executrix of the Estate of Leonard N. Horowitz, Deceased Alfred Camner, Co-Executor of the Estate of Leonard N. Horowitz, Deceased v. Federal Kemper Life Assurance Company, in No. 94-1900. Dona W. Horowitz, Individually and as Co-Executrix of the Estate of Leonard N. Horowitz, Deceased Alfred Camner, Co-Executor of the Estate of Leonard N. Horowitz, Deceased, in No. 94-1901 v. Federal Kemper Life Assurance CompanyCourt of Appeals for the Third Circuit · 1995
  2. Ross v. Metropolitan Life InsuranceSupreme Court of Pennsylvania · 1961
  3. A.G. Allebach, Inc. v. HurleySupreme Court of Pennsylvania · 1988
  4. Morris v. State Mutual Life Assurance Co.Supreme Court of Pennsylvania · 1898
  5. Washington Fidelity National Insurance v. BurtonSupreme Court of the United States · 1932

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