Schmidt v. Travelers Insurance
Supreme Court of Pennsylvania
Appeal, No. 175, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., June T., 1912, No. 2821, for defendant, on demurrer in case of C. Schmidt & Sons Brewing Company v. The Travelers Insurance Company. Assumpsit to recover damages upon a contract of indemnity insurance. Before Ferguson, J. The opinion of the Supreme Court states the case. The court entered judgment in favor of the defendant upon a demurrer to the statement of claim.
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Appeal, No. 175, Jan. T., 1913, by plaintiff, from judgment of C. P. No. 3, Philadelphia Co., June T., 1912, No. 2821, for defendant, on demurrer in case of C. Schmidt & Sons Brewing Company v. The Travelers Insurance Company. Assumpsit to recover damages upon a contract of indemnity insurance. Before Ferguson, J. The opinion of the Supreme Court states the case. The court entered judgment in favor of the defendant upon a demurrer to the statement of claim. Plaintiff appealed. Error assigned was the judgment of the court. The purpose of this contract was to indemnify and save harmless from…
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
The defendant, The Travelers’ Insurance Company, issued to the plaintiff, the C. Schmidt & Sons Brewing Company, a policy to indemnify it to the extent of $5,000, against loss by reason of liability imposed by law upon the assured for damages on account of bodily injuries accidentally suffered by any person by the maintenance and use of certain automobiles specified in the policy. The policy provided, “F. The Assured, upon the occurrence of an accident, shall give immediate written notice thereof to the Company, or to its duly authorized Agent, with the…
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