Pennsylvania Insurance v. Gottsman's Administrators
Supreme Court of Pennsylvania
Error to the District Court of Allegheny county. This was an action of covenant upon a policy of insurance, by Ann Gottsman against The Pennsylvania Insurance Company.
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Error to the District Court of Allegheny county. This was an action of covenant upon a policy of insurance, by Ann Gottsman against The Pennsylvania Insurance Company. The material facts were these :— On July 20th 1860, the Pennsylvania Insurance Company issued a policy of insurance to Mrs. Ann Gottsman, which it was agreed should date from June 20th 1860. It was for one year, and covered $1000 upon the hotel furniture, beds, &c., of the “Belvidere” Hotel, a few miles from Pittsburgh, $500 upon the liquors and bar fixtures, and $500 upon a barn near the hotel, making in all a risk of $2000,…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
— It seems to us quite unnecessary to go into the learning on the distinctions betwixt warranty and representations in a policy of insurance, and betwixt contracts that are several and entire, because the policy in this instance stipulated expressly that it should be void and of no effect if the assured should neglect to disclose the amount and nature of all *157encumbrances, or fail to obtain the consent of the company to any encumbrance that should be executed upon the property insured, or any levy of execution upon it during the life of…
2Cited by4 opinions
- Penn. Mut. Fire Ins. v. SchmidtSupreme Court of Pennsylvania · 1888
- Todd v. Quaker City Mutual Fire InsuranceSuperior Court of Pennsylvania · 1899
- Schiavoni v. Dubuque Fire & Marine InsuranceSuperior Court of Pennsylvania · 1911
- Universal Indemnity Ins. v. North Shore Delivery Co.Court of Appeals for the Seventh Circuit · 1938