Meigs v. Insurance Co. of North America
Supreme Court of Pennsylvania
Appeal, No. 318, Jan. T., 1902, by defendant, from order of C. P. Montgomery Co., June T., 1902, No. 88, dismissing exceptions to findings of fact and conclusions of law of court and entering final judgment in favor of plaintiff in case of John Meigs v. The President & Directors of the Insurance Company of North America. Assumpsit to recover from the defendants their pro rata share of loss by fire upon a wing of the Hill school at Potts-town and its contents.
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Appeal, No. 318, Jan. T., 1902, by defendant, from order of C. P. Montgomery Co., June T., 1902, No. 88, dismissing exceptions to findings of fact and conclusions of law of court and entering final judgment in favor of plaintiff in case of John Meigs v. The President & Directors of the Insurance Company of North America. Assumpsit to recover from the defendants their pro rata share of loss by fire upon a wing of the Hill school at Potts-town and its contents. The case was tried under the provisions of the act of April 22, 1874, on June 24, 1902, before Swartz, P. J., without a jury. From the…
1Opinion of the Court
Opinion by
Me. Justice Mestbezat,
In Sloat v. Royal Insurance Co., 49 Pa. 14, decided by this court in 1865, the definition of “ double insurance” is stated by Read, J., as follows : “ Double insurance takes place when the assured makes two or more insurances on the same subject, the same risk, and the same interest. If there be double insurance, either simultaneously or by successive policies, in which priority of insurance is not provided for, all are insurers, and liable pro rata. All the policies are considered as making but one policy, and, therefore, any one insurer who pays more than his…
2Cases cited3 opinions
- Sloat v. Royal InsuranceSupreme Court of Pennsylvania · 1864
- Clarke v. Western Assurance Co., Pennsylvania Court of Common Pleas, Alleghany County1892
- Ogden v. . East River Insurance Co.New York Court of Appeals · 1872
3Cited by20 opinions
- Blue Anchor Overall Co. v. Pennsylvania Lumbermens Mutual InsuranceSupreme Court of Pennsylvania · 1956
- Vrabel v. SCHOLLERSupreme Court of Pennsylvania · 1952
- United National Insurance v. Philadelphia Gas WorksSuperior Court of Pennsylvania · 1972
- Home for Crippled Children v. Prudential InsuranceDistrict Court, W.D. Pennsylvania · 1984
- Newark Fire Ins. Co. v. TurkCourt of Appeals for the Third Circuit · 1925
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