Legal Opinion

Tamarin v. Insurance Co. of North America

Superior Court of Pennsylvania

Decided March 2, 1918No. Appeal, No. 59PublishedCited by 2 opinions

Appeal, No. 59, Oct. T., 1917, by defendant, from judgment of Municipal Court, Pliiladelphia Co., Sept. T., 1916, No. 201, on verdict for plaintiff in case of Morris Tamarin v.- Insurance Co. of North America. Assumpsit on a policy of insurance.

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Appeal, No. 59, Oct. T., 1917, by defendant, from judgment of Municipal Court, Pliiladelphia Co., Sept. T., 1916, No. 201, on verdict for plaintiff in case of Morris Tamarin v.- Insurance Co. of North America. Assumpsit on a policy of insurance. Before Knowles, P. J. From the record it appeared that the suit was brought to recover $300, being the value of a fur coat contained in a trunk which had been insured. . The facts are stated in the opinion of the Superior Court, Verdict and judgment for plaintiff for $300. Defendant appealed. Error assigned was in refusing binding instructions for…

1Opinion of the Court

Opinion by

Henderson, J.,

The policy issued by the defendant contained the following clause: “Hereby insures $3,000 on trunks and samples of merchandise the property of Morris Tamarin in charge or control of two salesmen traveling in their behalf against any and all the risks and perils of fire; lightning, navigation and transportation while in the custody of any railroad, express, transfer, etc., company.” In another part of the policy it is provided as follows: “This policy covers theft in transit of an entire shipping package excluding all pilferage.” The property insured was two trunks…

2Cited by2 opinions

  1. Chemstrand Corp. v. Maryland Casualty CompanySupreme Court of Alabama · 1957
  2. New York Fire Insurance Co. v. AshleyCourt of Appeals of Texas · 1956

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