Lebanon Mutual Insurance v. Losch
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lehigh county: Of July Term 1884, No. 171. This was an action of debt, by Charles Loseh against tlio Lebanon Mutual Insurance Company on two policies of fire insurance. Plea, nil debet.
Read the full summary
Error to the Court of Common Pleas of Lehigh county: Of July Term 1884, No. 171. This was an action of debt, by Charles Loseh against tlio Lebanon Mutual Insurance Company on two policies of fire insurance. Plea, nil debet. On the trial, before Meyers, P. J., of the third judicial district, the following facts appeared : In 1870 and 1871 the defendants issued to the plaintiff two policies of insurance; one covering certain buildings used for a livery stable in the city of Allentown, and the other personal property which might be therein from time to time. The application for the policies…
1Opinion of the CourtJustice Paxson
Upon the argument at bar the defendant company set up two distinct grounds of defence, viz.: 1st. A breach of warranty as to incumbrances; and 2d. The erection by the plaintiff below of an additional building near the one insured, by which the risk was increased so as to increase the rate of insurance, of which erection no notice had been given to the company.
It appeared on the trial below that in the plaintiff’s application for insurance he answered “no” to the 11th interrogatory, which was : “ If incumbered, how and to what amount? ” In point of fact, at the time the policy was issued there…
2Cited by4 opinions
- St. Louis Fire & Marine Ins. Co. v. WitneyDistrict Court, M.D. Pennsylvania · 1951
- Niagara Fire Ins. v. MillerSupreme Court of Pennsylvania · 1888
- Commonwealth v. ZubikSuperior Court of Pennsylvania · 1960
- Perry v. Aetna Casualty & Surety Co., Pennsylvania Court of Common Pleas, Bucks County1966