Shaffer v. Phoenix Insurance

Flannery, J.,

Trial was had before the court without a jury under the Act of 1874 on complaint in assumpsit, answer and new matter, and plaintiffs’ reply.

*80Plaintiffs, the owners of real estate in the City of Wilkes-Barre, were insured by defendant against physical loss to the premises. On or about October 24, 1957, damages occurred resulting from an underground earth movement. Plaintiffs contend such loss is covered by the policy; defendant denies coverage. Hence the suit. As an additional defense defendant charges that plaintiffs failed to comply with the conditions as to proof of loss.

Facts

1.…