Pottsville Mutual Fire Insurance v. Fromm
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schuylkill county: Of January Term 1882, No. 236*. Covenant, by Samuel Fromm to use of O. G. and H. R. Loose, assignees, against the Pottsville Mutual Fire Insurance Company upon a policy of insurance for $600, dated September 6th 1872, for five years, upon a “ two-story log dwelling-house, chunked and smeared in cracks, plastered inside, 26 by 22 feet, situate in North Manheim township, Schuylkill County, Pa.”
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Error to the Court of Common Pleas of Schuylkill county: Of January Term 1882, No. 236*. Covenant, by Samuel Fromm to use of O. G. and H. R. Loose, assignees, against the Pottsville Mutual Fire Insurance Company upon a policy of insurance for $600, dated September 6th 1872, for five years, upon a “ two-story log dwelling-house, chunked and smeared in cracks, plastered inside, 26 by 22 feet, situate in North Manheim township, Schuylkill County, Pa.” The insured duly paid the premiums as they fell due until the destruction of the building by fire on October 27th 1875.' The defendant company…
1Opinion of the CourtJustice Green
One of the conditions of the j>olicy in suit is in the following- words:
“ Applications for insurance shall specify the construction and material of the buildings to be insured, by whom occupied, whether as a private dwelling or how otherwise; the applicant shall also state the true cash value of the property to be insured ; also any other facts relating and material to the risk, and the said valuation, description and survey shall be taken and deemed to be the act of the assured and a warranty on his, her or their part, and said warranty shall apply to all property insured, whether real or…
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