Reiter v. Michigan Commercial Insurance
Superior Court of Pennsylvania
Appeal, No. 34, Jan. T., 1915, by plaintiff, from order of C. P. Lackawanna Go., Jan. T., 1915, No. 34, discharging rule for judgment for want of a sufficient affidavit of defense in case of Louis Reiter v. Michigan Commercial Insurance Company. Assumpsit on a policy of fire insurance. . The statement of claim contained an itemized list of the goods alleged to have been destroyed.
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Appeal, No. 34, Jan. T., 1915, by plaintiff, from order of C. P. Lackawanna Go., Jan. T., 1915, No. 34, discharging rule for judgment for want of a sufficient affidavit of defense in case of Louis Reiter v. Michigan Commercial Insurance Company. Assumpsit on a policy of fire insurance. . The statement of claim contained an itemized list of the goods alleged to have been destroyed. The material portions of the affidavit of defense were as follows: First. — That the policy of insurance on which suit is instituted in this case provides inter alia: “This entire policy shall be void if the insured…
1Opinion of the Court
Opinion by
Kephart, J.,
This is an appeal from the refusal of the court below to enter judgment for want of a sufficient affidavit of defense. The policy of insurance covered a stock of general merchandise, consisting of flour, feed, dry goods, groceries, furniture, hardware, etc. The particular paragraph of the policy upon which the defense is founded is as follows: “This entire policy shall be void if the insured has concealed or misrepresented, in writing or otherwise, any material facts or circumstance concerning this insurance or the subject thereof; ......or in case of any fraud or false…
2Cases cited2 opinions
- Beck v. SchekterSupreme Court of Pennsylvania · 1912
- Ellis ex rel. Mynton v. Agricultural InsuranceSuperior Court of Pennsylvania · 1898
3Cited by1 opinion
- Higgs v. New York Fire InsuranceSuperior Court of Pennsylvania · 1954