Legal Opinion

Frick v. United Firemen's Insurance

Supreme Court of Pennsylvania

Decided May 27, 1907No. Appeal, No. 21PublishedCited by 16 opinions

Appeal, No. 21, Jan. T., 1907, by defendant, from judgment of C. P. Fayette Go., June T., 1906, No. 6, on verdict for plaintiffs in case of Henry O. Frick, Andrew W. Mellon and Richard B. Mellon, copartners, trading as A. Overholt & Company, v. The United Firemen’s Insurance Company. Assumpsit on a policy of fire insurance. Before Umbel, J. The facts relating to the proof of loss are stated in the opinion of the Supreme Court.

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Appeal, No. 21, Jan. T., 1907, by defendant, from judgment of C. P. Fayette Go., June T., 1906, No. 6, on verdict for plaintiffs in case of Henry O. Frick, Andrew W. Mellon and Richard B. Mellon, copartners, trading as A. Overholt & Company, v. The United Firemen’s Insurance Company. Assumpsit on a policy of fire insurance. Before Umbel, J. The facts relating to the proof of loss are stated in the opinion of the Supreme Court. At the trial the plaintiffs made the following offer : Counsel for plaintiffs offer to prove by the witness on the stand — to be followed by other testimony and…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

As stated by the learned counsel for the appellant, the assignments of error properly before us raise but two questions: (1) Does the policy of insurance require the plaintiffs to furnish the defendant company an inventory of the property destroyed, stating the quantity and cost of each article and the amount claimed thereon: and (2) did the court err as to the measure of damages ?

1. The clause in the policy which the defendant company claims requires the plaintiffs to furnish such inventory is the following: “If fire occur the insured shall give immediate…

2Cases cited2 opinions

  1. Standard Sewing Machine Co. v. Royal InsuranceSupreme Court of Pennsylvania · 1902
  2. Merrick v. Germania Fire InsuranceSupreme Court of Pennsylvania · 1867

3Cited by16 opinions

  1. Fedas v. Insurance Co. of PennsylvaniaSupreme Court of Pennsylvania · 1930
  2. Armon v. Aetna Casualty and Surety Co.Supreme Court of Pennsylvania · 1952
  3. Mechanics' Ins. Co. of Philadelphia v. C. A. Hoover Distilling Co.Court of Appeals for the Eighth Circuit · 1910
  4. Gulf Compress Co. v. Insurance Co. of PennsylvaniaTennessee Supreme Court · 1914
  5. Provident Trust Co. v. Equitable Life Assurance SocietySupreme Court of Pennsylvania · 1934

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