Hey v. Guarantors' Liability Indemnity Co.
Supreme Court of Pennsylvania
Appeal, No. 569, Jan. T., 1896, by defendant, from order of C. P. No. 4, Pbila. Co., March T., 1896, No. 822, making absolute a rule for judgment for want of a sufficient affidavit of defense. Assumpsit on a policy of insurance. Rule for judgment for want of a sufficient affidavit of defense. The facts appear by the opinion of the Supreme Court. Error assigned was in making absolute a rule for judgment for want of a sufficient affidavit of defense.
1Opinion of the Court
Opinion by
Mr. Justice McCollum:,
The policy in suit, contains two distinct contracts of insurance. In the one on which the claim in this case is made the company agreed to indemnify the plaintiff against all loss arising from any accidental damage to or destruction of his stone mill and warehouse, machinery and stock, stable and other outbuildings located at No. Ridge avenue, Manayunk, Phila., “ excepting only damage or destruction by fire or lightning.” The insurance was for one year from June 22, 1895. On February 6, 1896, “by reason of a sudden rise of the water in the Schuylkill river ”…
2Cases cited5 opinions
- Western & A. Pipe Lines v. Home Ins., Pennsylvania Court of Common Pleas, Washington County1891
- North American Life & Accident Insurance v. BurroughsSupreme Court of Pennsylvania · 1871
- Burkhard v. Travellers' Insurance Co. of HartfordSupreme Court of Pennsylvania · 1883
- Louck v. Orient InsuranceSupreme Court of Pennsylvania · 1896
- Armenia Ins. v. PaulSupreme Court of Pennsylvania · 1880
3Cited by15 opinions
- Moffat v. Metropolitan Casualty Insurance Co. of New YorkDistrict Court, E.D. Pennsylvania · 1964
- Panhandle Steel Products Co. v. Fidelity Union Casualty Co.Court of Appeals of Texas · 1929
- Casper v. American Guarantee & Liability InsuranceSupreme Court of Pennsylvania · 1962
- Simkins Industries, Inc. v. Lexington InsuranceCourt of Special Appeals of Maryland · 1979
- Scott's EstateSupreme Court of Pennsylvania · 1892
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