Clymer Opera Co. v. Birmingham Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 86, April T., 1912, by defendants, from judgment of C. P. Indiana Co., June T., 1910, No. 358, on verdict for plaintiff in case of Clymer Opera Company to use of Savings & Trust Company v. Birmingham Fire Insurance Company. Assumpsit on a policy of fire insurance.
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Appeal, No. 86, April T., 1912, by defendants, from judgment of C. P. Indiana Co., June T., 1910, No. 358, on verdict for plaintiff in case of Clymer Opera Company to use of Savings & Trust Company v. Birmingham Fire Insurance Company. Assumpsit on a policy of fire insurance. Before Tel-ford, P. J. The court charged in part as follows: [If you find that Mr. C. C. McLain was an agent of the defendant companies, and as agent got this insurance and had it written knowing that the property insured was located on leased ground and not upon ground on which the Clymer Opera Company had the fee…
1Opinion of the Court
Opinion by
Poeteb, J.,
The plaintiff in this action upon a policy of insurance recovered a verdict and judgment in the court below and the defendant appeals. The policy contained a clause stipulating that: “This entire policy, unless otherwise provided by agreement indorsed hereon or added hereto, shall be void .... if the interest of the insured - be other than unconditional and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple.” The policy was not based upon a written application by the assured. There was not a scintilla of evidence…
2Cases cited4 opinions
- Caldwell v. Fire Ass'nSupreme Court of Pennsylvania · 1896
- Damms v. Humboldt Fire InsuranceSupreme Court of Pennsylvania · 1910
- Porter v. Insurance Co. of North AmericaSuperior Court of Pennsylvania · 1905
- Schiavoni v. Dubuque Fire & Marine InsuranceSuperior Court of Pennsylvania · 1911
3Cited by7 opinions
- Youngblood v. Prud. Ins. Co. of AmericaSuperior Court of Pennsylvania · 1933
- Telesky v. Fidelity Guaranty Fire Corp.Superior Court of Pennsylvania · 1940
- Jabs v. Lanc. Co. Mut. F. Ins. Co.Superior Court of Pennsylvania · 1930
- Jabs v. Lancaster County Mutual InsuranceSuperior Court of Pennsylvania · 1931
- Zaffuto v. Northern Ins. Co. of N. Y.Superior Court of Pennsylvania · 1933
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