Showalter v. Mutual Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 75, Nov. T., 1896, by defendant, from judgment of C. P. Chester Co., Aug. T., 1895, No. 102, on verdict for plaintiff. Assumpsit on policy of insurance. Before Waddell, P. J. A barn belonging to Edward S. Eaby and Mary S. Richwine, insured in the defendant company was destroyed by fire.
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Appeal, No. 75, Nov. T., 1896, by defendant, from judgment of C. P. Chester Co., Aug. T., 1895, No. 102, on verdict for plaintiff. Assumpsit on policy of insurance. Before Waddell, P. J. A barn belonging to Edward S. Eaby and Mary S. Richwine, insured in the defendant company was destroyed by fire. Edward S. Eaby, one of the owners, was arrested on the charge of arson, and on the trial the jury found that the defendant was insane at the time of the crime, and acquitted him on the ground of insanity. By proceedings in lunacy Samuel W. Showalter was appointed a committee in lunacy for the said…
1Opinion of the Court
Opinion by
Rice, P. J.,
The questions of law raised in this and the next succeeding case post p. 452, do not appear to have been decided by the Supreme Court of our state, at least not in the precise form in which they are now presented. The question in this case is, whether it is a defense to an action on a fire insurance policy to allege and prove that the building was burned by the insured while insane. The position of the defendant’s counsel is well stated in their own language thus: “ The law will read into every contract of fire insurance, an undertaking that the assured will observe the…
2Cases cited7 opinions
- Williams v. . HaysNew York Court of Appeals · 1894
- Karow v. Continental InsuranceWisconsin Supreme Court · 1883
- Breasted v. . the Farmers' Loan and Trust Co.New York Court of Appeals · 1853
- American Insurance v. InsleySupreme Court of Pennsylvania · 1847
- Connecticut Mutual Life Insurance v. GroomSupreme Court of Pennsylvania · 1878
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- General Electric Credit Corp. v. Aetna Casualty & Surety Co.Supreme Court of Pennsylvania · 1970
- Baker v. Commercial Union InsuranceMassachusetts Supreme Judicial Court · 1981
- Elwood v. New England Mut. L. Ins. Co.Supreme Court of Pennsylvania · 1931
- Wertheimer-Swarts Shoe Co. v. United States Casualty Co.Supreme Court of Missouri · 1903
- Matyuf v. Phoenix Insurance, Pennsylvania Court of Common Pleas, Washington County1933
2 more not listed; retrieve them via the Exa API.