Legal Opinion

Benchoff v. Paradise Mutual Insurance

Pennsylvania Court of Common Pleas, Adams County

Decided March 10, 1958No. 6Published

1Opinion of the Court

Sheely, P. J.,

This is a motion by plaintiff to take off a compulsory nonsuit entered after the introduction of a portion of plaintiff’s testimony at the trial.

The action is based upon policies of insurance issued by defendant companies insuring plaintiff against loss by windstorm, etc. Each of the policies contained a clause to the effect that “this entire policy shall be void ... if the interest of the insured be other than unconditional and' sole ownership.” The testimony of plaintiff indicated that he purchased the insured premises from his parents, H. N. Benchoff and Lottie Benchoff, by…

2Cases cited21 opinions

  1. SPIRES Et Ux. v. Hanover Fire Ins. Co.Supreme Court of Pennsylvania · 1950
  2. Imperial F. Ins. v. DunhamSupreme Court of Pennsylvania · 1888
  3. Collins ex rel. Hill v. London Assurance Corp.Supreme Court of Pennsylvania · 1895
  4. Schroedel v. Humboldt Fire Ins.Supreme Court of Pennsylvania · 1893
  5. Livingstone v. Boston InsuranceSupreme Court of Pennsylvania · 1916

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