Eilenberger v. Protective Mutual Fire Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Wyoming county: Of January Term 1879, No. 176. Debt by R. E. J. Eilenberger against the Protective Mutual Fire Insurance Company, for a loss occasioned by the burning of plaintiff’s store and contents, which were insured in the defendant company. The defendant pleaded nil debet, payment, set-off with leave, &c., and afterwards, by permission of the court, filed an amended plea, assigning breaches in the warranty.
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Error to the Court of Common Pleas of Wyoming county: Of January Term 1879, No. 176. Debt by R. E. J. Eilenberger against the Protective Mutual Fire Insurance Company, for a loss occasioned by the burning of plaintiff’s store and contents, which were insured in the defendant company. The defendant pleaded nil debet, payment, set-off with leave, &c., and afterwards, by permission of the court, filed an amended plea, assigning breaches in the warranty. The application was to form a part of the policy of insurance, and all statements therein made were to constitute warranties on the part of the…
1Opinion of the CourtJustice Trunkey
*467Soellner was defendant’s agent and as such solicited insurance, made out applications, sent them to the home office, and the company issued the policies and forwarded them, for delivery, to the agent who received and remitted the premiums. The plaintiff’s application, thus solicited, prepared and transmitted, contained a stipulation that it should form a part of the policy, and all statements therein constitute warranties by the insured. Among the statements are these : “ Chimneys are constructed from the ground; the title is in name of the insured, in fee-simple; and the building has never…
2Cases cited1 opinion
- Susquehanna Insurance v. PerrineSupreme Court of Pennsylvania · 1844
3Cited by23 opinions
- Suravitz v. Prudential InsuranceSupreme Court of Pennsylvania · 1914
- Medley v. German Alliance InsuranceWest Virginia Supreme Court · 1904
- Kister v. Lebanon Mutual Ins., Pennsylvania Court of Common Pleas, York County1889
- Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
- Bugen v. New York Life InsuranceSupreme Court of Pennsylvania · 1962
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