Legal Opinion

Whitmore v. Dwelling House Ins.

Supreme Court of Pennsylvania

Decided April 11, 1892No. Appeal, No. 450PublishedCited by 34 opinions

Appeal, No. 450, Jan. T., 1891, by defendant, from judgment of C. P. Lackawanna Co., Nov. T., 1888, No. 95, on verdict for plaintiff, Daniel Whitmore. Assumpsit on a policy of insurance. At the trial before Gunstbr, J., the evidence was to the following effect: On April 15, 1888, property on which plaintiff held a policy in defendant company was totally destroyed by fire.

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Appeal, No. 450, Jan. T., 1891, by defendant, from judgment of C. P. Lackawanna Co., Nov. T., 1888, No. 95, on verdict for plaintiff, Daniel Whitmore. Assumpsit on a policy of insurance. At the trial before Gunstbr, J., the evidence was to the following effect: On April 15, 1888, property on which plaintiff held a policy in defendant company was totally destroyed by fire. There was no dispute as to the value of the property, which was admittedly in excess of the amount of insurance. Plaintiff produced testimony to show that within ten days after the loss he prepared an itemized statement of…

1Opinion of the Court

Opinion by

Me. Justice Steeeett,

There is no question as to the validity of the policy in suit, nor that the property insured was totally destroyed by fire on April 15, 1888, during the life of the policy. It was clearly shown, by undisputed evidence, that the value of the house and personal property destroyed considerably exceeded the amount for which they were respectively insured. The right of plaintiff to recover was resisted on two grounds :

1. That he failed to comply with the provision of the policy requiring him, within thirty days after the fire, to furnish the company with the…

2Cases cited4 opinions

  1. Huntley v. WhittierMassachusetts Supreme Judicial Court · 1870
  2. Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
  3. Briggs v. HerveyMassachusetts Supreme Judicial Court · 1881
  4. Heath v. SlocumSupreme Court of Pennsylvania · 1887

3Cited by34 opinions

  1. Cameron EstateSupreme Court of Pennsylvania · 1957
  2. Franklin Interiors, Inc. v. Browns Lane, Inc.Superior Court of Pennsylvania · 1974
  3. Harrison v. WelshSupreme Court of Pennsylvania · 1929
  4. Beeman v. Supreme LodgeSupreme Court of Pennsylvania · 1906
  5. Nanty-Glo Borough v. American Surety Co.Supreme Court of Pennsylvania · 1934

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