Warmcastle v. Scottish Union & National Insurance
Supreme Court of Pennsylvania
Appeal, No. 73, Oct. T., 1901, by defendant, from, judgment of C. P. No. 3, Allegheny Co., Feb. T., 1900, No. 15, on verdict for plaintiff in case of Charles A. Warmcastle v. Scottish Union & National Insurance Company. Assumpsit on a policy of fire insurance.
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Appeal, No. 73, Oct. T., 1901, by defendant, from, judgment of C. P. No. 3, Allegheny Co., Feb. T., 1900, No. 15, on verdict for plaintiff in case of Charles A. Warmcastle v. Scottish Union & National Insurance Company. Assumpsit on a policy of fire insurance. Before Evans, J. At the trial it appeared that the policy in suit contained this stipulation: “ This policy shall cover any direct loss or damage caused by lightning (meaning thereby the commonly accepted use of the term lightning, and in no case to include damage or loss by cyclone, tornado or wind storm).” The evidence in the case…
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
The policies of insurance upon which this suit was brought were of the ordipary standard form, providing for indemnity against fire; but in addition thereto, liability for direct damage by lightning was assumed by a specific agreement attached to the policy, in the following words : “ This policy shall cover any direct, loss or damage caused by lightning (meaning thereby the commonly accepted use of the term lightning, and in no case to include loss or damage by cyclone, tornado or wind storm).”
It is perfectly clear that under this clause the insurer stipulated…
2Cited by10 opinions
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- Palatine Ins. Co. v. PetrovichCourt of Appeals of Texas · 1917
- Palatine Ins. Co. v. CoyleCourt of Appeals of Texas · 1917
- Warmcastle v. Scottish Union & National InsuranceSupreme Court of Pennsylvania · 1904
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