Wagner v. Dwelling-House Ins.
Supreme Court of Pennsylvania
No. 67 July Term 1890, Sup. Ct.; court below, No. 895 May Term 1889, C. P. On April 29, 1889, J. & W. Wagner brought assumpsit against the Dwelling-house Insurance Company of Boston, filing a statement of claim averring in substance as follows: That on November 10, 1885, the defendant company issued a policy of insurance insuring the plaintiffs against loss or damage by fire or lightning to the amount of $3,950 on certain property specified as set forth therein, for the…
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No. 67 July Term 1890, Sup. Ct.; court below, No. 895 May Term 1889, C. P. On April 29, 1889, J. & W. Wagner brought assumpsit against the Dwelling-house Insurance Company of Boston, filing a statement of claim averring in substance as follows: That on November 10, 1885, the defendant company issued a policy of insurance insuring the plaintiffs against loss or damage by fire or lightning to the amount of $3,950 on certain property specified as set forth therein, for the period of three years, a copy of said policy being annexed to the statement; that on October 30, 1888, a fire occurred, and…
1Opinion of the Court
Opinion,
Mr. Justice Sterrett:
This action was grounded, not so much on defendant’s contract, as evidenced by its policy of insurance, as upon the agreement made after the fire, by which plaintiffs’ claim of $1,683.21 for loss, etc., was compromised and settled for $1,520.10 payable in a week or ten days thereafter. In plaintiffs’ declaration or statement of claim, the policy of insurance, loss by fire, proofs and amended proofs of loss, offer to furnish any other information that might be requested, etc., are fully set forth as inducement to the alleged compromise and promise to pay. After…
2Cited by5 opinions
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- Rivers v. Delaware Valley Mutual Casualty Co.Superior Court of Pennsylvania · 1961
- Sanders v. Lawn Mutual InsuranceSuperior Court of Pennsylvania · 1961
- Rohrbach v. Travelers Indemnity Co.Supreme Court of Pennsylvania · 1923
- Veihdeffer v. Keystone Mutual Casualty Co., Pennsylvania Court of Common Pleas, Blair County1940