Kearney v. Security Ins.
Superior Court of Pennsylvania
Appeal, No. 23, March T., 1917, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1912, No. 657, on verdict for plaintiff in case of John Kearney v. Security Insurance Company of New Haven, Conn. Assumpsit on a policy of fire insurance.
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Appeal, No. 23, March T., 1917, by defendant, from judgment of C. P. Lackawanna Co., Oct. T., 1912, No. 657, on verdict for plaintiff in case of John Kearney v. Security Insurance Company of New Haven, Conn. Assumpsit on a policy of fire insurance. Before Edwards, P. J. From the record it appeared that the plaintiff held a policy of fire insurance of the defendant company on his furniture to the amount of $2,000. On February 11, 1912, a fire occurred on his premises, and subsequently at the request of the local agent he made out a list of the articles injured or destroyed with their value.…
1Opinion of the Court
Opinion by
Trexler, J.,
The court below found that the proofs of loss submitted were not in compliance with the terms of the policy, but told the jury that if certain facts were believed they might find a waiver. It appears that the insured prepared a very complete list of the articles injured or destroyed with their value. This was done at the request of the local agent. The list was submitted to the local agent who retained it. Shortly thereafter the adjuster of the company who had full power to act in the premises came with the local agent to plaintiff’s place where the loss had occurred and…
2Cases cited10 opinions
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
- Pennsylvania Fire Insurance v. DoughertySupreme Court of Pennsylvania · 1883
- Franklin Fire Insurance v. UpdegraffSupreme Court of Pennsylvania · 1862
- Ben Franklin Fire Insurance v. FlynnSupreme Court of Pennsylvania · 1881
- Brumbaugh v. Home Mutual Fire InsuranceSuperior Court of Pennsylvania · 1902
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