Legal Opinion

Dennis v. Citizens Insurance

Superior Court of Pennsylvania

Decided April 12, 1897No. Appeal, No. 21PublishedCited by 1 opinion

Appeal, No. 21, Jan. T., 1897, by-defendant, from judgment of C. P. Luzerne Co., Oct. T., 1893, No. 893, on verdict for plaintiff. Assumpsit on policy of insurance. Before Lynch, P. J. It appeared from the evidence that plaintiff was the owner of an old frame house purchased by him in 1891 for $100. He insured it with defendant company for $400, and during the term of the policy it was totally destroyed'by fire.

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Appeal, No. 21, Jan. T., 1897, by-defendant, from judgment of C. P. Luzerne Co., Oct. T., 1893, No. 893, on verdict for plaintiff. Assumpsit on policy of insurance. Before Lynch, P. J. It appeared from the evidence that plaintiff was the owner of an old frame house purchased by him in 1891 for $100. He insured it with defendant company for $400, and during the term of the policy it was totally destroyed'by fire. Notice of the loss was given to the agent of the company in writing. It was alleged by the defendant and evidence given tending to prove the allegation that in an interview with the…

1Opinion of the Court

Opinion by

Reeder, J.,

The plaintiff had his house insured in the defendant company for $400. It was destroyed by fire. After the loss the plaintiff and the defendant’s agents met in Scranton where a proposition was made to the plaintiff to settle for $154, which was agreed to by the plaintiff and a writing executed as follows: “ The total amount I claim and expressly agree to accept from said Insurance Company in full satisfaction and discharge of said loss or damage is $154.” An affidavit was made to the above writing by the plaintiff and it was appended to the plaintiff’s proof of loss. The…

2Cases cited5 opinions

  1. Roe v. Dwelling House InsuranceSupreme Court of Pennsylvania · 1892
  2. Dowling v. Merchants InsuranceSupreme Court of Pennsylvania · 1895
  3. McGonigle v. Susquehanna Mutual Fire InsuranceSupreme Court of Pennsylvania · 1895
  4. Weiss v. American Fire InsuranceSupreme Court of Pennsylvania · 1892
  5. Fritz v. Lebanon Mut. Ins.Supreme Court of Pennsylvania · 1893

3Cited by1 opinion

  1. Miller v. Iron City Mutual Fire InsuranceSuperior Court of Pennsylvania · 1897

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