Wernick v. Pittsburgh Underwriters Agency

Opinion by

Trexler, J.,

A policy of insurance was issued by the defendant to Rebecca Tessler, insuring against loss or damage by fire certain premises situated in Philadelphia. A fire occurred on the premises on December 16, 1921.

It appears the policy had been mislaid and on October 30, 1925, under misapprehension of the fact as to whom the policy was issued, Abraham Wernick, administrator of the estate of Samuel Tessler, the deceased husband of Rebecca Tessler, brought suit. After some delay, he obtained a copy of the policy from the defendant and discovered that it had been issued to Rebecca…