Legal Opinion

Fire Ass'n v. Rosenthal

Supreme Court of Pennsylvania

Decided October 5, 1885PublishedCited by 18 opinions

Error to tbe Court of Common Pleas No. 3, of Philadelphia County: Of July Term 1884, No. 16. This was an action of covenant on -a policy of fire insurance by Solomon Rosenthal against the Fire Association of Philadelphia. There was no dispute as to the facts, which are fully reported in the opinion of this court.

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Error to tbe Court of Common Pleas No. 3, of Philadelphia County: Of July Term 1884, No. 16. This was an action of covenant on -a policy of fire insurance by Solomon Rosenthal against the Fire Association of Philadelphia. There was no dispute as to the facts, which are fully reported in the opinion of this court. In brief, there was a partial loss by the burning of the frame portion of the insured building, and the defendant company elected, under a provision of the policy, to repair and rebuild', but after beginning work the building inspectors forbade the erection of a frame structure.…

1Opinion of the CourtJustice Clark

This action of covenant was brought upon a perpetual policy of fire insurance, issued by the Fire Association of Philadelphia, 27th August, 1870, to Solomon Rosenthal, “ to indemnify the said assured from loss or damage by fire,” according to the terms and conditions of the policy, “ to the amount of $2000, on a three story brick store and dwelling house, situate on the north side of Spring Garden, west of Eleventh Street, in the City of Philadelphia. A more particular description of the premises was contained in a survey, signed by the assured, and deposited in the defendants’ office. The…

2Cases cited5 opinions

  1. Brady v. North Western InsuranceMichigan Supreme Court · 1863
  2. Morrell v. . Irving Fire Insurance Co.New York Court of Appeals · 1865
  3. Beals v. . the Home Insurance Co.New York Court of Appeals · 1867
  4. Coulson v. WaltonSupreme Court of the United States · 1835
  5. Wynkoop v. . Niagara Fire Ins. Co.New York Court of Appeals · 1883

3Cited by18 opinions

  1. Larkin v. Glens Falls InsuranceSupreme Court of Minnesota · 1900
  2. Providence Washington Insurance v. Board of EducationWest Virginia Supreme Court · 1901
  3. Zindell v. Central Mutual InsuranceWisconsin Supreme Court · 1936
  4. Pittsburgh Union Stock Yards Co. v. Pittsburgh Joint Stock Co.Supreme Court of Pennsylvania · 1932
  5. Samuels v. Illinois Fire Insurance CompanyMissouri Court of Appeals · 1962

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