Powell v. Agricultural Insurance
Superior Court of Pennsylvania
Appeal, No. 79, April T., 1896, by defendant, from judgment of C. P. Washington County, Aug. Term, 1893, No. 175, on verdict for plaintiff. Assumpsit on a policy of fire insurance.
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Appeal, No. 79, April T., 1896, by defendant, from judgment of C. P. Washington County, Aug. Term, 1893, No. 175, on verdict for plaintiff. Assumpsit on a policy of fire insurance. Before McIl-VAINE, P. J. Verdict for plaintiff for $600. The facts of the case, including the essential portions of the policy of insurance, are stated in the opinion of the Superior Court as follows: On October 29, 1892, the defendant company, by A. A. Hill, its authorized agent, insured the plaintiff’s dwelling house against fire in the sum of $600 for one year from that date, and received the premium from the…
1Opinion of the Court
Opinion by
Smith, J.,
(after stating the facts as set out in above statement) :
The court left it to the jury to say whether, in view of the information given by the plaintiff to the company’s agent, together with the facts stated, the company had waived a strict compliance with the section of the policy calling for the specific statement, and also, under instructions, submitted the question of vacancy for their determination. The jury found in favor of the plaintiff' for the amount of the policy. This action of the court forms the principal subject of complaint raised by the second and third…
2Cases cited17 opinions
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
- Pennsylvania Fire Insurance v. DoughertySupreme Court of Pennsylvania · 1883
- Roe v. Dwelling House InsuranceSupreme Court of Pennsylvania · 1892
- McGonigle v. Susquehanna Mutual Fire InsuranceSupreme Court of Pennsylvania · 1895
- Susquehanna Mutual Fire Insurance v. CusickSupreme Court of Pennsylvania · 1885
12 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Livingstone v. Boston InsuranceSupreme Court of Pennsylvania · 1916
- Cara v. Newark Fire InsuranceSupreme Court of Pennsylvania · 1933
- Gartsee v. Citizens InsuranceSuperior Court of Pennsylvania · 1906