Legal Opinion

Weisberger v. Western Reserve Insurance

Supreme Court of Pennsylvania

Decided July 3, 1915No. Appeal, No. 30PublishedCited by 6 opinions

Appeal, No. 30, Jan. T., 1915, by plaintiff, from judgment of C. P. Lackawanna Co., Jan. T., 1911, No. 982, n. o. v., on verdict for plaintiff, in case of David Weisberger v. Tbe Western Reserve Insurance Company of Cleveland, Obio. Assumpsit on a fire insurance policy. Before Evans, P.J. The opinion of the Supreme Court states the facts.

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Appeal, No. 30, Jan. T., 1915, by plaintiff, from judgment of C. P. Lackawanna Co., Jan. T., 1911, No. 982, n. o. v., on verdict for plaintiff, in case of David Weisberger v. Tbe Western Reserve Insurance Company of Cleveland, Obio. Assumpsit on a fire insurance policy. Before Evans, P.J. The opinion of the Supreme Court states the facts. Verdict for plaintiff for $1,867.25. The court subsequently entered judgment for defendant n. o. v. Error assigned was the judgment of the court.

1Opinion of the Court

Opinion by

Mr. Justice Potter,

This was an action upon a policy of fire insurance. At the trial plaintiff recovered a verdict for the amount of his loss, but the trial judge entered judgment for defendant non obstante veredicto, upon the ground that plaintiff did not furnish proofs of loss in accordance with the terms of the policy, within sixty days after the fire. It appears from the evidence that plaintiff did furnish a paper, nineteen days after the fire, which was intended by him as a compliance with the terms of the policy as to proofs of loss. An examination of it shows that it was in…

2Cases cited9 opinions

  1. Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
  2. Wakely v. Sun Insurance Office of LondonSupreme Court of Pennsylvania · 1914
  3. Bush v. Hartford Fire InsuranceSupreme Court of Pennsylvania · 1909
  4. Dillinger v. OgdenSupreme Court of Pennsylvania · 1914
  5. West Branch Insurance v. HelfensteinSupreme Court of Pennsylvania · 1861

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3Cited by6 opinions

  1. Simons v. Safety Mutual Fire InsuranceSupreme Court of Pennsylvania · 1923
  2. Jenkins v. Franklin Fire InsuranceSupreme Court of Pennsylvania · 1925
  3. William Zoller Co. v. Hartford Fire InsuranceSupreme Court of Pennsylvania · 1922
  4. Western Assurance Co. v. StoneSupreme Court of Virginia · 1926
  5. Kearney v. Security Ins.Superior Court of Pennsylvania · 1917

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