McKeesport Machine Co. v. Ben Franklin Insurance
Supreme Court of Pennsylvania
Appeal No. 166, Oct. T., 1895, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1893, No. 440, for defendant on special verdict. Assumpsit on a policy of fire insurance.
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Appeal No. 166, Oct. T., 1895, by plaintiff, from judgment of C. P. No. 2, Allegheny Co., Oct. T., 1893, No. 440, for defendant on special verdict. Assumpsit on a policy of fire insurance. The written stipulations in the policy were as follows: On their two-story frame, iron clad, iron roof building, occupied as a pattern shop, $400; on engine, lathe, band saw, benches, pulleys, hangers, gearing and tools therein and on lumber, $450; on patterns therein, $1,000; on their one-story frame, iron clad, iron roof building, occupied as foundry, machine shop and blacksmith shop. All situate corner…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The policy sued on in this case was issued to a manufacturing company and covered the buildings, machinery, fixtures and appliances in daily use in the business of the company. The rules of construction applicable to such a contract of insurance are well settled. The object of the contract is indemnity against tire loss by fire of the business plant, or any portion of it, while used and occupied by the owners in the manner and for the purposes for which it was designed. If its provisions are susceptible of two or more interpretations, that one should be adopted…
2Cases cited6 opinions
- Western & A. Pipe Lines v. Home Ins., Pennsylvania Court of Common Pleas, Washington County1891
- Bole v. New Hampshire Fire Ins.Supreme Court of Pennsylvania · 1893
- Roe v. Dwelling House InsuranceSupreme Court of Pennsylvania · 1892
- Doud v. Citizens' Ins.Supreme Court of Pennsylvania · 1891
- Haws v. Fire Ass'nSupreme Court of Pennsylvania · 1886
1 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- McMillin v. TitusSupreme Court of Pennsylvania · 1909
- Lewis v. Fidelity & Casualty Co.Supreme Court of Pennsylvania · 1931
- Ruth-Hastings Glass Tube Co. v. SlatterySupreme Court of Pennsylvania · 1920
- Rosenthal v. Insurance Co. of North AmericaWisconsin Supreme Court · 1914
- Wiegand v. WiegandSupreme Court of Pennsylvania · 1944
26 more not listed; retrieve them via the Exa API.