Chaney v. Farmers' Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 233, Oct. T., 1905, by plaintiff, from order of C. P. Huntingdon Co., Sept. T., 1905, No. 2, refusing to take off nonsuit in case of H. M. Chaney, trading as Mrs. H. M. Chaney & Daughter, v. Farmers’ Fire Insurance Company of New York. Assumpsit on a policy of fire insurance. Before Woods, P. J. The facts are stated in the opinion of the Superior Court. JError assigned was the order of the court refusing to take off nonsuit.
1Opinion of the Court
Opinion by
Henderson, J.,
The policy which was the foundation of the action was issued in the name of Mrs. H. M. Chaney & Daughter. It contained a condition that the policy should be void “ if the interest of the insured be other than unconditional and sole ownership.” Another condition provided that “ This entire policy shall be void if the insured has concealed or misrepresented in writing or otherwise any material fact or circumstance concerning this insurance or the subject thereof; or if the interest of the insured in the property be not truly stated therein.” The property insured was in…
2Cases cited2 opinions
- Diffenbaugh v. Union Fire Ins.Supreme Court of Pennsylvania · 1892
- Shawmut Sugar Refining Co. v. Hampden Mutual InsuranceMassachusetts Supreme Judicial Court · 1859
3Cited by3 opinions
- Kanefsky v. National Commercial Mutual Fire InsuranceSuperior Court of Pennsylvania · 1943
- Lehman v. Lancaster County Mutual InsuranceSuperior Court of Pennsylvania · 1911
- Benchoff v. Paradise Mutual Insurance, Pennsylvania Court of Common Pleas, Adams County1958