Legal Opinion

Somerset County Mutual Fire Insurance v. Usaw

Supreme Court of Pennsylvania

Decided March 1, 1886PublishedCited by 8 opinions

Error to the Court of Common Pleas, of Somerset county: Of July Term, 1885, No. 187. Assumpsit brought by John Usaw and Lydia Usaw, his wife, against the Somerset County Mutual Fire Insurance Company, November 1st, 1883, to recover the insurance on a two-story frame house, which was burned between one and two o’clock on the morning of the 13th of May, 1883. The following facts appeared on the trial before Baer, P. J.: The policy of insurance on which the suit was brought was…

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Error to the Court of Common Pleas, of Somerset county: Of July Term, 1885, No. 187. Assumpsit brought by John Usaw and Lydia Usaw, his wife, against the Somerset County Mutual Fire Insurance Company, November 1st, 1883, to recover the insurance on a two-story frame house, which was burned between one and two o’clock on the morning of the 13th of May, 1883. The following facts appeared on the trial before Baer, P. J.: The policy of insurance on which the suit was brought was issued on the 1st day of February, 1883, and insures “Dr. John Usaw and wife against loss or damage by fire, to the…

1Opinion of the CourtJustice Trunkey

The contract of insurance was upon a dwelling-house with store-room, “ occupied by a tenant for dwelling and store,” and contained a stipulation that “if any change be made as to tenants or occupancy of these premises, without being notified •to this company, and indorsed upon their policy, then this in*89surance to be void.” It was also agreed that if the premises “ be so altered or appropriated, applied or used, to or for the purpose of carrying on or exercising therein any trade, business or vocation which, according to the by-laws, added conditions, class of hazards or rates hereto annexed,…

2Cited by8 opinions

  1. Sundquist v. Hardware Mutual Fire Insurance Co. of MinnesotaIllinois Supreme Court · 1939
  2. Greenberg v. Aetna InsuranceSupreme Court of Pennsylvania · 1967
  3. Bobereski, Adm. v. Ins. Co. of Pa.Superior Court of Pennsylvania · 1932
  4. Elinor M. Ratay v. The Lincoln National Life Insurance CompanyCourt of Appeals for the Third Circuit · 1968
  5. Ruttenburg, Exr. v. Fire Ins. Co.Superior Court of Pennsylvania · 1936

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