Miller v. Iron City Mutual Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 55, April T., 1897, by defendant, from judgment of C. P., No. 1, Allegheny Co., June T., 1896, No. 497, in favor of plaintiff for want of a sufficient affidavit of defense. Assumpsit on a draft given in settlement of an adjustment of a fire insurance policy.
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Appeal, No. 55, April T., 1897, by defendant, from judgment of C. P., No. 1, Allegheny Co., June T., 1896, No. 497, in favor of plaintiff for want of a sufficient affidavit of defense. Assumpsit on a draft given in settlement of an adjustment of a fire insurance policy. Before Stowe, P. J. It appeared from the evidence that plaintiff suffered a loss of his stock of pictures, office furniture, etc., which were insured in three companies (of which the defendant company was one, to the extent of $1,116.66. The fire occurred July 17, 1895. On February 13, 1896, proof of loss was filed showing a…
1Opinion of the Court
Opinion by
Willard, J.,
In Dennis v. Insurance Company, recently decided by this court (4 Pa. Superior Ct. 225), we held that a draft given by an insurance company in settlement of a claim for loss by fire was not a payment of the claim where the amount of the draft was based upon proof of loss sworn to by the insured, where there was also evidence of fraud on the part of the agent of the insurance company in instructing and directing the insured to state his loss in the proofs far below its true value. In the case before us the suit was for the recovery of $533.33 upon a draft given by the…
2Cases cited3 opinions
- Reilly v. DalySupreme Court of Pennsylvania · 1894
- Muir v. ShinnSuperior Court of Pennsylvania · 1896
- Dennis v. Citizens InsuranceSuperior Court of Pennsylvania · 1897
3Cited by1 opinion
- Rivers v. Delaware Valley Mutual Casualty Co.Superior Court of Pennsylvania · 1961