Heller v. Royal Insurance
Pennsylvania Court of Common Pleas, Philadelphia County
No. 48 July Term 1888, Sup. Ct.; court below, No. 551 December Term 1888, C. P. No. 4. On February 2, 1889, Marietta Heller brought assumpsit against the Royal Insurance Company of Liverpool upon a policy of insurance issued by the defendant company, filing a statement of claim averring in substance as follows: By a written lease, Thomas K. Peterson, trustee, demised to the plaintiff certain communicating buildings in Philadelphia, for the term of three years from the first…
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No. 48 July Term 1888, Sup. Ct.; court below, No. 551 December Term 1888, C. P. No. 4. On February 2, 1889, Marietta Heller brought assumpsit against the Royal Insurance Company of Liverpool upon a policy of insurance issued by the defendant company, filing a statement of claim averring in substance as follows: By a written lease, Thomas K. Peterson, trustee, demised to the plaintiff certain communicating buildings in Philadelphia, for the term of three years from the first day of January, 1888, at the rent of $8,500 per annum, payable in monthly instalments. The defendant company, by a…
1Opinion of the Court
Opinion,
Me. Justice Mltchell :
The facts in this case, as they appear in the affidavit of defence and the plaintiff’s statement, are practically undisputed, and they establish a complete defence. Defendant, by its policy, agreed to indemnify plaintiff for “ any loss accruing to her by reason of having to pay rent for the (therein) described *160building such time or times as the building may be untenantable by reason of fire or fires occurring during the continuance of this policy.” A fire occurred in January, 1888, and the landlord entered to rebuild in J uly. That, as a legal consequence, would…
2Cases cited2 opinions
- Hoeveler v. Fleming & Co.Supreme Court of Pennsylvania · 1879
- Magaw v. LambertSupreme Court of Pennsylvania · 1846
3Cited by4 opinions
- Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
- Heller v. Royal Ins. Co.Supreme Court of Pennsylvania · 1892
- Motorists Mutual Ins. v. JonesLake County Court of Common Pleas · 1966
- Heller v. Royal InsuranceSupreme Court of Pennsylvania · 1896