Legal Opinion

Schambelan v. Preferred Accident Insurance

Superior Court of Pennsylvania

Decided March 16, 1916No. Appeal, No. 287PublishedCited by 5 opinions

Appeal, No. 287, Oct. T., 1915, by defendant, from judgment of Municipal Court, Philadelphia Co., May T., 1914, No. 340, on case tried by the court without a jury in suit of Morris Schambelan v. ■ Preferred Accident Ins. Co. of New York. Assumpsit on a policy of liability insurance.

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Appeal, No. 287, Oct. T., 1915, by defendant, from judgment of Municipal Court, Philadelphia Co., May T., 1914, No. 340, on case tried by the court without a jury in suit of Morris Schambelan v. ■ Preferred Accident Ins. Co. of New York. Assumpsit on a policy of liability insurance. The case was tried without a jury by Crane, J., who filed the following opinion: The issues involved in this case can best be understood and disposed of by presenting a schedule of the facts in evidence in their chronological order. On February 21,1913, defendant issued to plaintiff its Teams Liability Policy No.…

1Opinion of the Court

Per Curiam,

A careful consideration of the record in this case with the exhaustive and convincing opinion filed by Judge Crane, has led us to the conclusion that the facts found by him, and the legal deductions flowing therefrom, fully warranted his refusal to grant a new trial or enter a judgment non obstante veredicto for the defendant.

The cases of Bartels B. Co. v. Employers I. Co., 251 Pa. 63, and Curran v. National Life Ins. Co., 251 Pa. 420, are not in conflict with those cited in the opinion of the court. The record discloses the fact that as soon as the plaintiff herein was apprised of…

2Cases cited2 opinions

  1. Curran v. National Life Insurance Co. of the United StatesSupreme Court of Pennsylvania · 1916
  2. Bartels Brewing Co. v. Employers' Indemnity Co.Supreme Court of Pennsylvania · 1915

3Cited by5 opinions

  1. Jeannette Glass Co. v. Indemnity Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1952
  2. Minnesota Electric Distributing Co. v. United States Fidelity & Guaranty Co.Supreme Court of Minnesota · 1927
  3. Borish v. Britamco Underwriters, Inc.District Court, E.D. Pennsylvania · 1994
  4. Gerber v. FletcherSuperior Court of Pennsylvania · 1932
  5. Jeannette Glass Co. v. Indemnity Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1952

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