Legal Opinion

Needy v. German American Insurance

Supreme Court of Pennsylvania

Decided January 7, 1901No. Appeal, No. 223PublishedCited by 7 opinions

Appeal, No. 223, Jau. T., 1899, by defendant, from judgment of C. P. Franklin Co., April T., 1898, No. 276, on verdict for plaintiff in case of Samuel Needy in trust for Mary Needy v. German American Insurance Company of New York. Assumpsit upon a policy of fire insurance.

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Appeal, No. 223, Jau. T., 1899, by defendant, from judgment of C. P. Franklin Co., April T., 1898, No. 276, on verdict for plaintiff in case of Samuel Needy in trust for Mary Needy v. German American Insurance Company of New York. Assumpsit upon a policy of fire insurance. From the record it appeared that the policy of insurance upon which suit was brought contained the following clause: “ In the event of disagreement as to the amount of loss, the same shall as above provided be ascertained by two competent and disinterested appraisers, the insured and this company each selecting one, and the…

1Opinion of the Court

Opinion by

Mb. Chief Justice McCollum,

“ The court below being of opinion that the clause in the policy providing for the ascertainment of the amount of the loss by appraisers was revocable at the pleasure of either party, and that the bringing of suit by the plaintiff was an effectual revocation by the assured, rejected our offer of evidence. This is the error and the only error complained of.” The above quotation from the printed argument in the appellant’s paper-book presents the only question for consideration in the case. It is in substantial conformity with the assignment of error as will *464…

2Cases cited4 opinions

  1. Commercial Union Assurance Co. v. HockingSupreme Court of Pennsylvania · 1887
  2. Yost v. McKeeSupreme Court of Pennsylvania · 1897
  3. Mentz v. Armenia Fire InsuranceSupreme Court of Pennsylvania · 1875
  4. Gray v. BellSupreme Court of Pennsylvania · 1835

3Cited by7 opinions

  1. Ice City, Inc. v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1974
  2. Robinson v. Lumbermen's Mutual Casualty Co.Superior Court of Pennsylvania · 1933
  3. Commercial Union Assur. Co. v. DalzellCourt of Appeals for the Third Circuit · 1914
  4. Rubenstein v. Dixie Fire InsuranceSuperior Court of Pennsylvania · 1912
  5. Rice v. Palatine InsranceSuperior Court of Pennsylvania · 1901

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