Legal Opinion

Kompa v. Franklin Fire Insurance

Superior Court of Pennsylvania

Decided July 13, 1905No. Appeal, No. 21PublishedCited by 10 opinions

Appeal, No. 21, Jan. T., 1905, by-plaintiff, from judgment of C. P. Luzerne Co., Dec. T., 1899, No. 467, on verdict for plaintiff in case of Anthony Kompa v. Franklin Fire Insurance Company. Assumpsit on a policy of fire insurance. The facts are stated in the opinion of the Superior Court.

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Appeal, No. 21, Jan. T., 1905, by-plaintiff, from judgment of C. P. Luzerne Co., Dec. T., 1899, No. 467, on verdict for plaintiff in case of Anthony Kompa v. Franklin Fire Insurance Company. Assumpsit on a policy of fire insurance. The facts are stated in the opinion of the Superior Court. Defendant presented this point: 2. There can be no recovery at all because by the uncontradicted testimony there was a change of title, contrary to the expressed condition of the policy, and there is no testimony which overcomes that condition or validates the policy after the said change of title.” Answer:…

1Opinion of the Court

Opinion bt

Porter, J.,

This action was brought upon a policy of insurance issued *428by The Franklin Fire Insurance Company, of Philadelphia, through the office of its local agent at Wilkes-Barre, dated September 9, 1896, to Anthony Kompa, the plaintiff. The policy contained the following provisions material to the consideration of the questions presented - by the record : “ This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void .... if the interest of the insured be other than unconditional and sole ownership ; or if the subject of insurance be a…

2Cases cited16 opinions

  1. Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
  2. Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
  3. McGonigle v. Susquehanna Mutual Fire InsuranceSupreme Court of Pennsylvania · 1895
  4. Swan v. Watertown Fire Ins.Supreme Court of Pennsylvania · 1880
  5. Mentz v. Lancaster Fire InsuranceSupreme Court of Pennsylvania · 1875

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3Cited by10 opinions

  1. Donovan v. New York Casualty Co.Supreme Court of Pennsylvania · 1953
  2. St. Louis Fire & Marine Ins. Co. v. WitneyDistrict Court, M.D. Pennsylvania · 1951
  3. King v. Lancaster County Mutual InsuranceSuperior Court of Pennsylvania · 1911
  4. Murphy v. Prudential InsuranceSuperior Court of Pennsylvania · 1906
  5. Chulek v. United States Fire InsuranceSuperior Court of Pennsylvania · 1906

5 more not listed; retrieve them via the Exa API.

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