Susquehanna Mutual Fire Insurance v. Cusick
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Laehawanna county: Of January Term 1885, No. 290. Debt, on a policy of insurance, by Mary Cusick against the Susquehanna Mutual Fire Insurance Company of Harrisburg. Pleas, nil debet, payment, set-off, with leave. At the trial, before Handley, P. J., the following facts appeared: Plaintiff on August 3d, 1876, made application to the defendant through its agent, Wright Wells, for insurance on certain property in the town of Scranton.
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Error to the Court of Common Pleas of Laehawanna county: Of January Term 1885, No. 290. Debt, on a policy of insurance, by Mary Cusick against the Susquehanna Mutual Fire Insurance Company of Harrisburg. Pleas, nil debet, payment, set-off, with leave. At the trial, before Handley, P. J., the following facts appeared: Plaintiff on August 3d, 1876, made application to the defendant through its agent, Wright Wells, for insurance on certain property in the town of Scranton. The application embraced a dwelling house 18x24 feet, with wash-house attached 8x12. There was another building attached…
1Opinion of the CourtJustice Paxson
Mary Cusick, plaintiff below, an ignorant woman, unable to read or write, took out a policy of insurance in the defendant company, on her dwelling-house in the city of Scranton. The policy contains this clause: “ The application, survey, place or description of the property herein insured, referred to in this policy, shall be considered a part of this contract, and a warranty by the insured.”
There was an admitted misdescription of the property. The policy and the plan attached to the application, call for a house 18x24- feet, with wash house attached 8x12 feet. In point of fact the house had…
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