Legal Opinion

Yost v. McKee

Supreme Court of Pennsylvania

Decided January 4, 1897No. Appeal, No. 89PublishedCited by 22 opinions

Appeal, No. 89, Oct. T., 1896, by Dwelling House Insurance Company, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1894, No. 627, on verdict for plaintiff. Execution attachment by a judgment creditor of John D. McKee, to recover from the Dwelling House Insurance Company the amount due said McKee on a policy of fire insurance.

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Appeal, No. 89, Oct. T., 1896, by Dwelling House Insurance Company, from judgment of C. P. No. 3, Allegheny Co., Nov. T., 1894, No. 627, on verdict for plaintiff. Execution attachment by a judgment creditor of John D. McKee, to recover from the Dwelling House Insurance Company the amount due said McKee on a policy of fire insurance. Before McClung, J. ' ■ The garnishee denied liability under the policy of insurance because the insured was not the sole and unconditional owner of the property as required by the policy, and the issue was between it and the plaintiff who was a judgment creditor…

1Opinion of the Court

Opinion by

Mr. Justice McCollum,

The refusal of the. insured to comply with the condition in the policy in regard to the appointment of appraisers to ascertain the amount of the loss in case of a disagreement concern *384ing it does not constitute a good defense to this action. The condition was nothing more than an agreement to refer to three appraisers to be appointed at a future time, to determine the amount of the loss by the award of any two of them. It was a revocable agreement and the insurance company is in no position to complain, here or elsewhere, of the revocation of it. It has not…

2Cases cited5 opinions

  1. Commercial Union Assurance Co. v. HockingSupreme Court of Pennsylvania · 1887
  2. Jauretche v. ProctorSupreme Court of Pennsylvania · 1865
  3. Libby v. ClarkSupreme Court of the United States · 1886
  4. Mentz v. Armenia Fire InsuranceSupreme Court of Pennsylvania · 1875
  5. Forrester v. HanawaySupreme Court of Pennsylvania · 1876

3Cited by22 opinions

  1. Pattin v. ScottSupreme Court of Pennsylvania · 1921
  2. Ice City, Inc. v. Insurance Co. of North AmericaSupreme Court of Pennsylvania · 1974
  3. Harrity v. Continental-Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1924
  4. Robinson v. StoverSupreme Court of Pennsylvania · 1935
  5. Curran v. PhiladelphiaSupreme Court of Pennsylvania · 1919

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