Hocking v. Howard Insurance
Supreme Court of Pennsylvania
APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP SOMERSET COUNTY. No. 94 October Term 1889, Snp. Ct.; court below, No. 157 December Term 1887, C. P. On November 21,1887, George H. Hocking brought assumpsit against the Howard Insurance Company of New York, to recover upon a policy of insurance for $2,000 against loss and damage by fire, dated March 24,1884, for a certain building and contents in Meyersdale. The defendant pleaded nonassumpsit.
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APPEAL BY DEPENDANT PROM THE COURT OP COMMON PLEAS OP SOMERSET COUNTY. No. 94 October Term 1889, Snp. Ct.; court below, No. 157 December Term 1887, C. P. On November 21,1887, George H. Hocking brought assumpsit against the Howard Insurance Company of New York, to recover upon a policy of insurance for $2,000 against loss and damage by fire, dated March 24,1884, for a certain building and contents in Meyersdale. The defendant pleaded nonassumpsit. At the trial on December 21, 1888, the plaintiff put in evidence the policy of insurance upon which suit was brought. This policy provided that the…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell:
The validity of the special agreement as to the time of bringing any action on the policy is conceded: Farmers Ins. Co. v. Barr, 94 Pa. 345; North W. Ins. Co. v. Oil & Candle Co., 31 Pa. 448; Waynesboro Ins. Co. v. Conover, 98 Pa. 384; Universal Ins. Co. v. Weiss, 106 Pa. 20. It follows, therefore, that the statutes of limitation do not apply. The very object and spirit of the agreement are to exclude the operation of the statute which would otherwise govern. And in the present case the exclusion is so clear and express that nothing short of an entire disregard of…
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