Edwards v. Lycoming County Mutual Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Schwyhill county: No. 195 to January Term 1872. This was an action of covenant, brought February 16th 1859, by Daniel Edwards against the Lycoming Insurance Company, to recover for loss by fire to the plaintiff’s property, insured by the defendants. The property was a coal breaker, on lands of the Forest Improvement Company in Sehuykill county.
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Error to the Court of Common Pleas of Schwyhill county: No. 195 to January Term 1872. This was an action of covenant, brought February 16th 1859, by Daniel Edwards against the Lycoming Insurance Company, to recover for loss by fire to the plaintiff’s property, insured by the defendants. The property was a coal breaker, on lands of the Forest Improvement Company in Sehuykill county. In case of loss, the loss was to be paid “ within three months after due notice and proof thereof made by the insured in conformity with the conditions annexed to the policy.” One of these conditions was:— “ In…
1Opinion of the Court
The judgment was rendered in the Supreme Court, March 9th 1874.
2Per curiam
This case is ruled by Trask v. Insurance Company, 5 Casey 198. That case was much stronger in its circumstances in favor of the assured than this. It might have been well said there that the parties to the policy treated the notice as in time; but eleven days there being held to be too long, and the circumstances not to excuse the delay, we cannot, without disregarding the wholesome maxim, stare deeisis, say that eighteen days in this case are a reasonable time within the provision of the policy, that, on a loss happening, the…
3Cited by12 opinions
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
- Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
- Oakland Motor Co. v. American Fidelity Co.Michigan Supreme Court · 1916
- Smith v. DeereMississippi Supreme Court · 1943
- American Casualty Co. v. PurcellaCourt of Appeals of Maryland · 1933
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