Lehman v. Lancaster County Mutual Insurance
Superior Court of Pennsylvania
Appeal, No. 26, Oct.. T., 1906, by plaintiff, from judgment of C. P. Lancaster Co., Dec. Term, 1908, No. 70, for defendant non obstante veredicto in case of Grace Lehman v. Lancaster County Mutual Insurance Company. Assumpsit on a policy of fire insurance. Before Landis, P. J. The opinion of the Superior Court states the case. At the trial the jury returned a verdict for plaintiff for $216.22. Subsequently the court entered judgment for defendant non obstante veredicto.
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Appeal, No. 26, Oct.. T., 1906, by plaintiff, from judgment of C. P. Lancaster Co., Dec. Term, 1908, No. 70, for defendant non obstante veredicto in case of Grace Lehman v. Lancaster County Mutual Insurance Company. Assumpsit on a policy of fire insurance. Before Landis, P. J. The opinion of the Superior Court states the case. At the trial the jury returned a verdict for plaintiff for $216.22. Subsequently the court entered judgment for defendant non obstante veredicto. Error assigned was in entering judgment for defendant n. o. v.
1Opinion of the Court
Opinion by
Orlady, J.,
The plaintiff’s right to recover in this case is to be determined by the contract she made with the defendant. It was her duty clearly to inform the company in regard to her title to the property on which she sought insurance, and no duty rested on it to investigate the title she described in her application. If there was a misstatement made, or a fact concealed in regard to that important matter, the consequences must be borne by the one on whom the responsibility rested. The policy was written pursuant to the information she gave, and it is not suggested in this record…
2Cases cited4 opinions
- Schroedel v. Humboldt Fire Ins.Supreme Court of Pennsylvania · 1893
- Duda v. Home InsuranceSuperior Court of Pennsylvania · 1902
- Diffenbaugh v. Union Fire Ins.Supreme Court of Pennsylvania · 1892
- Chaney v. Farmers' Fire InsuranceSuperior Court of Pennsylvania · 1907
3Cited by2 opinions
- Viscount v. Aetna InsuranceSuperior Court of Pennsylvania · 1930
- Henry v. First & Farmers National Bank & Trust Co., Pennsylvania Court of Common Pleas, Susquehanna County1932