Schaffer v. Mutual Fire Ins.
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: Of January Term 1879, No. 163. Debt by Thomas Schaffer against the Mutual Eire Insurance Company of Lehigh county, upon a policy of fire insurance. The facts were substantially these: On April 8th 1876, David Scheirer, as the agent of plaintiff, called upon John Koch, the secretary of the defendant, for the purpose of effecting an insurance upon a dwelling-house of the plaintiff.
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Error to the Court of Common Pleas of Lehigh county: Of January Term 1879, No. 163. Debt by Thomas Schaffer against the Mutual Eire Insurance Company of Lehigh county, upon a policy of fire insurance. The facts were substantially these: On April 8th 1876, David Scheirer, as the agent of plaintiff, called upon John Koch, the secretary of the defendant, for the purpose of effecting an insurance upon a dwelling-house of the plaintiff. The secretary accepted the risk, and a policy for $1500 was duly -prepared, but remained .unsigned by the insured. The company is a mutual one, and each member is…
1Opinion of the CourtJustice Stemustt
The company defendant in error was incorporated under the Act of 1856, “for the purpose of insuring all kinds of buildings, merchandise and other property against loss by fire on the mutual principle exclusively.” Mutuality of obligation is of course the very essence of the principle. While the company, on the one hand, undertakes to pay or make good the losses, the insured, on the other, agrees to contribute his proportionate share of current expenses and losses happening during the life of his policy. Their respective promises are mutually dependent upon each other. The undertaking of the…
2Cited by1 opinion
- Susq. Mut. Fire Ins. v. ElkinsSupreme Court of Pennsylvania · 1889