Kalmutz v. Northern Mutual Insurance
Supreme Court of Pennsylvania
Appeal, No. 181, Jan. T., 1897„by defendant, from judgment of C. P. Schuylkill Co., on verdict for plaintiff. Assumpsit on a policy of fire insurance. Before Lyon, P. J. At the trial the defendant set up as a defense the fact that other insurance had not been indorsed upon the policy as required by the contract of insurance.
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Appeal, No. 181, Jan. T., 1897„by defendant, from judgment of C. P. Schuylkill Co., on verdict for plaintiff. Assumpsit on a policy of fire insurance. Before Lyon, P. J. At the trial the defendant set up as a defense the fact that other insurance had not been indorsed upon the policy as required by the contract of insurance. Plaintiff’s points and the answers thereto among others were as follows: 3. If the jury believe that, after the policy in this case was issued, the secretary of the company was notified by its agent, John Holdeman, that the plaintiff bad other insurance on the property…
1Opinion of the Court
Opinion by
Mr. Chibe Justice Sterrett,
The policy in suit contains this provision as to other insurance : “ Policies of all other insurance upon property herein described — whether made prior or subsequent to the date hereof —must be indorsed on this policy, otherwise the insurance shall be void.” The existence of such other insurance, of which no indorsement was made on the policy, was conceded; and, in order to avoid the effect of the condition above quoted, the plaintiff undertook to prove that the defendant company, by its own acts, had waived the condition, and was thereby es-topped from…
2Cases cited5 opinions
- Diehl v. RodgersSupreme Court of Pennsylvania · 1895
- Elliott v. Lycoming County Mutual InsuranceSupreme Court of Pennsylvania · 1870
- Wilson v. Mutual Fire InsuranceSupreme Court of Pennsylvania · 1896
- Eureka Insurance v. Robinson, Rea & Co.Supreme Court of Pennsylvania · 1867
- Farmers' Mutual Insurance v. Taylor ex rel. GrowSupreme Court of Pennsylvania · 1873
3Cited by14 opinions
- Evans v. Metropolitan Life Ins. Co.Supreme Court of Pennsylvania · 1928
- Bank of Anderson v. Home InsuranceCalifornia Court of Appeal · 1910
- McSparran v. Southern Mutual InsuranceSupreme Court of Pennsylvania · 1899
- German Insurance v. ShaderNebraska Supreme Court · 1903
- St. Louis Fire & Marine Ins. Co. v. WitneyDistrict Court, M.D. Pennsylvania · 1951
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