Bush v. Hartford Fire Insurance
Supreme Court of Pennsylvania
Appeal, No. 112, Oct. T., 1908, by defendant, from judgment of C. P. Armstrong Co., Sept. T., 1907, No. 150, on verdict for plaintiff in case of M. E. Bush v. The Hartford Fire Insurance Company of Hartford, Connecticut. Assumpsit on a policy of fire insurance.
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Appeal, No. 112, Oct. T., 1908, by defendant, from judgment of C. P. Armstrong Co., Sept. T., 1907, No. 150, on verdict for plaintiff in case of M. E. Bush v. The Hartford Fire Insurance Company of Hartford, Connecticut. Assumpsit on a policy of fire insurance. Before Patton, P. J. The court charged in part as follows: The dispute in this case arises, in the first place,, under the sixty-seventh, sixty-eighth and sixty-ninth lines of the policy, where these words are found: “If fire occur the insured shall give immediate notice of and loss thereby in writing to this company, protect the…
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
It is well settled that an insurance company may waive a compliance with any condition of a policy to be performed and observed by the insured except, as it has been held, when the insured by the act loses his insurable interest. The condition is inserted in the policy for the benefit of the insurer, and hence there is nothing to prevent the company from waiving it whenever it may desire. This may be done expressly or by implication; and in either case the company thereafter cannot insist upon a performance of the condition. The law will not permit it to…
2Cases cited6 opinions
- Brink v. . Hanover Fire Ins. Co.New York Court of Appeals · 1880
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania · 1890
- Western & A. Pipe Lines v. Home Ins., Pennsylvania Court of Common Pleas, Washington County1891
- Welsh v. London Assurance Corp.Supreme Court of Pennsylvania · 1892
- Freedman v. Fire Ass'nSupreme Court of Pennsylvania · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Fedas v. Insurance Co. of PennsylvaniaSupreme Court of Pennsylvania · 1930
- Evans v. Metropolitan Life Ins. Co.Supreme Court of Pennsylvania · 1928
- Simons v. Safety Mutual Fire InsuranceSupreme Court of Pennsylvania · 1923
- Sun Life Assurance Co. of Canada v. AllenMichigan Supreme Court · 1935
- Thomas v. Employers Liability Assurance Corp. Ltd. of LondonSupreme Court of Pennsylvania · 1925
12 more not listed; retrieve them via the Exa API.