Kunkle v. Union Casualty Insurance
Superior Court of Pennsylvania
Appeal, No. 309, Oct. T., 1914, by defendant, from judgment of Municipal Court, Philadelphia Co., Oct. T., 1914, No. 2, on verdict for plaintiff in case of Laura A. Kunkel v. Union Casualty Insurance Company. Assumpsit upon a policy of automobile insurance. Before Knowles, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $572.42. Defendant appealed. Error assigned was refusal of binding instructions for defendant.
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Appeal, No. 309, Oct. T., 1914, by defendant, from judgment of Municipal Court, Philadelphia Co., Oct. T., 1914, No. 2, on verdict for plaintiff in case of Laura A. Kunkel v. Union Casualty Insurance Company. Assumpsit upon a policy of automobile insurance. Before Knowles, P. J. The facts are stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $572.42. Defendant appealed. Error assigned was refusal of binding instructions for defendant. Tbe available legal literature on the subject of automobiles bas been examined by appellant and in tbe accessible works on…
1Opinion of the Court
Opinion by
Qrlady, J.,
The plaintiff recovered a verdict in her action on a policy of insurance issued by the defendant to indemnify her from loss in consequence of damage to her automobile.
It was admitted that the accident happened just as described by the plaintiff’s chauffeur, who testified, that “after taking the owner for a drive, he returned to the hotel. I made a slight adjustment of the carburetor and took the car out to see what effect it had on the running of the motor, and in going around a turn the accident occurred.” The defense was based on a clause in the' policy, viz: Condition…
2Cases cited1 opinion
- Reynolds v. Maryland Casualty Co.Superior Court of Pennsylvania · 1906
3Cited by2 opinions
- Armon v. Aetna Casualty and Surety Co.Supreme Court of Pennsylvania · 1952
- Alberga to Use v. Pa. Indemnity Corp.Superior Court of Pennsylvania · 1934