Miltenberger v. Beacom
Supreme Court of Pennsylvania
In error from the District Court of Allegheny. Assumpsit. The defendant demised certain premises to Clements, reserving a perpetual rent, with a covenant that the lessor might re-enter and hold until the arrears were paid. Clements demised part of the premises to the ancestor of the plaintiffs. The rent being in arrear, defendant entered.
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In error from the District Court of Allegheny. Assumpsit. The defendant demised certain premises to Clements, reserving a perpetual rent, with a covenant that the lessor might re-enter and hold until the arrears were paid. Clements demised part of the premises to the ancestor of the plaintiffs. The rent being in arrear, defendant entered. Whilst in possession he effected a policy of insurance on the property in his own name, and, as was stated by the insurers’ agent, as his own. He furnished to the plaintiffs accounts of the rents received, and charged them with the premiums of the insurance,…
1Opinion of the CourtBell, J.
It is the observation of Marshall, in his
Treatise on Insurance, that it would be extremely difficult to give any accurate definition of an insurable interest. The complicated rights which different persons may have in the same thing, require that not only the owner of the absolute property, but those, also, who have a limited interest, may be at liberty to protect it by insurance. It is accordingly recognised as a rule in this department of the law, that almost any qualified property in the thing insured, or any reasonable expectation of profit or advantage to spring from it, may be the…
2Cited by14 opinions
- Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
- Board of Education v. Winding Gulf CollieriesCourt of Appeals for the Fourth Circuit · 1945
- Groban v. S.S. PeguDistrict Court, S.D. New York · 1971
- Norwich Union Fire Ins. Society v. DaltonCourt of Appeals of Texas · 1914
- Farmers Mut. Insurance v. New Holland Turnpike Co.Supreme Court of Pennsylvania · 1888
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