Niagara Fire Ins. v. Miller
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS OE BEDEORD COUNTY. No. 432 January Term 1888, Sup. Ct.; court below, No. 83 April Term 1887, C. P. On February 28, 1887, an action was brought by Frank Miller against The Niagara Fire Insurance Co., of New York, to recover upon a policy of insurance dated January 21, 1886, for one year, for $2,100 upon a dwelling and $400 upon the personal property therein contained. The narr was in assumpsit.
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ERROR TO THE COURT OE COMMON PLEAS OE BEDEORD COUNTY. No. 432 January Term 1888, Sup. Ct.; court below, No. 83 April Term 1887, C. P. On February 28, 1887, an action was brought by Frank Miller against The Niagara Fire Insurance Co., of New York, to recover upon a policy of insurance dated January 21, 1886, for one year, for $2,100 upon a dwelling and $400 upon the personal property therein contained. The narr was in assumpsit. The plea was non assumpsit, payment with leave, etc., with the following notice of special matter to be offered in evidence by the defendant on the trial of the ease :…
1Opinion of the Court
Opinion,
Me. J ustice Paxson :
This was an action of assumpsit upon a policy of insurance. The policy contained the following warranty:
“ The assured by the acceptance of this policy hereby warrants that any application, survey, plan, statement, or description connected with procuring this insurance, or contained in or referred to in this policy, is true and shall be a part of this policy; that the assured has not overvalued the property herein described, nor omitted to state to this company information material to the risk. And this company shall not be bound under this policy by any act or…
2Cases cited4 opinions
- Diehl v. the Adams County Mutual InsuranceSupreme Court of Pennsylvania · 1868
- Buckley v. GarrettSupreme Court of Pennsylvania · 1864
- Rife v. Lebanon Mutual InsuranceSupreme Court of Pennsylvania · 1886
- Lebanon Mutual Insurance v. LoschSupreme Court of Pennsylvania · 1885
3Cited by10 opinions
- R. W. McCormick & Son v. Royal InsuranceSupreme Court of Pennsylvania · 1894
- McFarland v. Kittanning Ins.Supreme Court of Pennsylvania · 1890
- Mississippi Home Insurance v. DobbinsMississippi Supreme Court · 1902
- Popper v. RosenSupreme Court of Pennsylvania · 1928
- United Fruit Co. v. BiseseSuperior Court of Pennsylvania · 1904
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