Legal Opinion

Teutonia Fire Insurance v. Mund ex rel. Biddle

Supreme Court of Pennsylvania

Decided February 26, 1883PublishedCited by 17 opinions

Error to the Court of Common Pleas No. 4, of Philadelphia county: Of January Term 1882, No. 437. Covenant, on a policy of fire insurance for $5,000, by Philip Mund and Bernhard Albrecht, to the use of Alexander Biddle and Charles H. Hutchinson, guardians of the estate of W. A. Bingham, plaintiffs, and The Teutonia Fire Insurance Company of Philadelphia, defendant. The question in the case was the construction of a clause in the policy, and it was raised by demurrer.

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Error to the Court of Common Pleas No. 4, of Philadelphia county: Of January Term 1882, No. 437. Covenant, on a policy of fire insurance for $5,000, by Philip Mund and Bernhard Albrecht, to the use of Alexander Biddle and Charles H. Hutchinson, guardians of the estate of W. A. Bingham, plaintiffs, and The Teutonia Fire Insurance Company of Philadelphia, defendant. The question in the case was the construction of a clause in the policy, and it was raised by demurrer. The plaintiffs declared on the policy, as assigned, with the company’s approval, by the legal to the equitable plaintiffs as…

1Opinion of the CourtJustice Clark

The whole contention here arises upon the construction of a single clause in t!ie policy of insurance, upon which suit is brought. The policy is fully set out in the declaration, and the question is brought before the court by the demurrer to the defendants’ rejoinder. The contract of insurance bears date the 7th day of June 1874, and by its terms the Teutonia Fire Insurance Company covenant to indemnify the assured, Mund and Albrecht, to an amount not exceeding $5,000, for all loss or damage which may happen, from fire, to the property therein described, viz:

“ A three-story hotel building,…

2Cases cited1 opinion

  1. Hoffman v. Ætna Fire InsuranceNew York Court of Appeals · 1865

3Cited by17 opinions

  1. Kister v. Lebanon Mutual Ins., Pennsylvania Court of Common Pleas, York County1889
  2. Humphreys v. Nat'l Benefit Ass'nSupreme Court of Pennsylvania · 1891
  3. Koser v. American Casualty Co. of ReadingSuperior Court of Pennsylvania · 1947
  4. Nusbaum v. Hartford Fire Ins.Supreme Court of Pennsylvania · 1923
  5. Tennant v. Hartford Steam Boiler Inspection & InsuranceSupreme Court of Pennsylvania · 1944

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