National Ins. v. Brown
Pennsylvania Court of Common Pleas, Crawford County
No. 349 January Term 1889, Sup. Ct.; court below, No. 48 May Term 1887, C. P. 1 On March 14, 1887, C. H. Brown brought debt against the National Insurance Company of Allegheny, Pa., to recover on a policy of fire insurance issued on July 3, 1886, for .one year, in the sum of $500. The defendant company pleaded nil debet, but on December 20, 1888, filed the additional plea of “ payment with leave, and that plaintiff did not bring his suit within the time limited by the policy…
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No. 349 January Term 1889, Sup. Ct.; court below, No. 48 May Term 1887, C. P. 1 On March 14, 1887, C. H. Brown brought debt against the National Insurance Company of Allegheny, Pa., to recover on a policy of fire insurance issued on July 3, 1886, for .one year, in the sum of $500. The defendant company pleaded nil debet, but on December 20, 1888, filed the additional plea of “ payment with leave, and that plaintiff did not bring his suit within the time limited by the policy of insurance sued upon1, and by the terms thereof, namely, six months from the time of the alleged loss.” At the trial…
1Opinion of the Court
Opinion,
Me. Justice McCollum:
The policy of insurance on which this action was brought contained the following provision: “ No suit or action against this company for the recovery of a claim, shall be sustained in any court of law or chanceiy, unless such suit or action shall be commenced within six months next after the loss shall accrue; but such lapse of time shall be taken and deemed as conclusive evidence against the validity of such claim, any statute of limitation to the contrary notwithstanding.” The loss occurred September 11,1886, and this suit was commenced March 14, 1887. It is…
2Cases cited3 opinions
- North Western Insurance v. Phœnix Oil & Candle Co.Supreme Court of Pennsylvania · 1858
- Universal Mutual Fire Insurance v. Weiss Bros.Supreme Court of Pennsylvania · 1884
- Farmers' Mutual Fire Ins. v. BarrSupreme Court of Pennsylvania · 1880
3Cited by13 opinions
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
- Grier v. Northern Assurance Co.Supreme Court of Pennsylvania · 1898
- Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
- O'Connor v. Allemannia Fire InsuranceSuperior Court of Pennsylvania · 1937
- O'Brien v. Sovereign Camp of the Woodmen of the WorldSuperior Court of Pennsylvania · 1936
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