Luciani v. American Fire Insurance
Supreme Court of Pennsylvania
Tuts was an action of covenant brought in the Supreme Court to March term 1836, by John Luciani against the American Fire Insurance Company, on a policy of insurance against fire.
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Tuts was an action of covenant brought in the Supreme Court to March term 1836, by John Luciani against the American Fire Insurance Company, on a policy of insurance against fire. The policy was dated the 14th day of November, a. d. 1833, and was limited to one year; but the insurance had been continued by successive annual renewals endorsed on the policy, but without any seal affixed to the endorsements, and with variations as to the amount insured and the premium; the last renewal-having been on the 14th day of November 1835. The loss happened on the 10th of January 1836. The following…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
An alteration which is not an amendment, may be disallowed; and indeed the parties have put the issue of the contest on the question whether covenant is maintainable on the case set out in the new counts; or, in other words, whether the insurance laid, was effected by specialty, or by parol. The original policy covered the stock of a confectioner, valued at #2000; which was, by express stipulation, to expire at the end of a year. It is not pretended that any new policy was sealed; but it is supposed that subsequent contracts of insurance…
2Cases cited1 opinion
- Taylor v. GlaserSupreme Court of Pennsylvania · 1816
3Cited by5 opinions
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- Mercer's EstateSupreme Court of Pennsylvania · 1938
- Baltimore Fire Insurance v. McGowanCourt of Appeals of Maryland · 1860
- Shertzer v. Mutual Fire InsuranceCourt of Appeals of Maryland · 1877
- Hoffecker Brother v. N. C. C. M. Ins. Co.Superior Court of Delaware · 1872