Legal Opinion

Elliott v. Lycoming County Mutual Insurance

Supreme Court of Pennsylvania

Decided May 17, 1870PublishedCited by 19 opinions

Error to the Court of Common Pleas of Blair county: No. 11, to May Term 1869. This was an action of covenant on a policy of insurance, to 'July Term 1866, by Elisha Elliott against the Lycoming Mutual Insurance Company.

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Error to the Court of Common Pleas of Blair county: No. 11, to May Term 1869. This was an action of covenant on a policy of insurance, to 'July Term 1866, by Elisha Elliott against the Lycoming Mutual Insurance Company. The case was tried May 6th 1866, before Taylor, P. J. The plaintiff gave in evidence policy No. 80,156, dated July 11th 1864, from the defendants to the plaintiff for insurance on his buildings in Altoona, as follows, viz.:— “A two~story frame dwelling-house in Altoona, Blair co. $1150 Also, a stable, in rear of house .... 150 (Known as the “ Dougherty House.”) . . $1300…

1Opinion of the Court

The opinion of the court was delivered, July 7th 1870, by

Sharswood, J.

It was decided in The Insurance Company v. Stockbower, 2 Casey 199, that when a policy of insurance provides ££ that the aggregate amount insured in this and other comT panies, on the above-mentioned property, shall not exceed two-thirds of the estimated cash value,” any further insurance being in violation of the agreement renders the policy void. To the same effect is Mitchell v. The Lycoming Mutual Insurance Com*26pany, 1 P. E. Smith 402. The question raised upon this record is, what is meant by the estimated cash value ?…

2Cited by19 opinions

  1. Grant v. FairesSupreme Court of Pennsylvania · 1916
  2. Aetna Ins. Co. Of Hartford, Conn. v. Jeremiah Provident Fire Ins. Co. v. JeremiahCourt of Appeals for the Tenth Circuit · 1951
  3. Ford v. OttSupreme Court of Iowa · 1919
  4. St. Louis Fire & Marine Ins. Co. v. WitneyDistrict Court, M.D. Pennsylvania · 1951
  5. Graham v. American Eagle Fire Ins. Co. Of New YorkCourt of Appeals for the Fourth Circuit · 1950

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