Kelly v. Sun Fire Office
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT FROM THE COURT OF COMMON PLEAS OF WAYNE COUNTY. January Term 1891, Sup. Ct.; court below, No. 122 March Term 1890, C. P. On April 14,1890, S. A. Kelly brought assumpsit against the Sun Fire Office, upon a policy issued by the defendant association insuring a building of the plaintiff against fire, dated April 5, 1887. The defendant pleaded non-assumpsit.
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APPEAL BY DEPENDANT FROM THE COURT OF COMMON PLEAS OF WAYNE COUNTY. January Term 1891, Sup. Ct.; court below, No. 122 March Term 1890, C. P. On April 14,1890, S. A. Kelly brought assumpsit against the Sun Fire Office, upon a policy issued by the defendant association insuring a building of the plaintiff against fire, dated April 5, 1887. The defendant pleaded non-assumpsit. The policy contained the following provisions: “ 1. Persons sustaining loss or damage by fire shall forthwith give notice of said loss in writing to the society, and as soon thereafter as possible render a particular…
1Opinion of the Court
Opinion,
Me. Chief Justice Paxson :
The policy of insurance, on which this suit was brought in the court below, gave the defendant company the option to rebuild, or pay the amount of loss sustained, in case the property insured was destroyed by fire. The learned judge below conceded its right of option, but left it to the jury to find whether the company had lost its right by its delay in exercising it. The jury found the delay, and, if there was evidence upon this point sufficient to submit, the verdict must stand.
I do not understand the facts to be disputed. Those that are important are…
2Cases cited9 opinions
- The Columbia Insurance Company of Alexandria, in Error v. Joseph W. Lawrence, Who Survived Thomas PoindexterSupreme Court of the United States · 1836
- Columbian Insurance Co. of Alexandria v. LawrenceSupreme Court of the United States · 1829
- Johnson v. Phœnix InsuranceMassachusetts Supreme Judicial Court · 1873
- Davis Shoe Co. v. Kittanning Ins.Supreme Court of Pennsylvania · 1890
- Universal Fire Insurance v. BlockSupreme Court of Pennsylvania · 1885
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- Fuller v. FiskSuperior Court of Pennsylvania · 1910
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