Schloss v. Importers & Exporters Insurance
Superior Court of Pennsylvania
Appeal, No. 75, April T., 1924, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1921, No. 2508, in favor of defendant non obstante veredicto, in the case of Louis Sehloss v. Importers and Exporters Insurance Company. Assumpsit on policy of insurance. Before Ford, J. The facts are stated in the opinion of the Superior .Court.
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Appeal, No. 75, April T., 1924, by plaintiff, from judgment of C. P. Allegheny Co., Oct. T., 1921, No. 2508, in favor of defendant non obstante veredicto, in the case of Louis Sehloss v. Importers and Exporters Insurance Company. Assumpsit on policy of insurance. Before Ford, J. The facts are stated in the opinion of the Superior .Court. Verdict for plaintiff in the sum of $1,648.13. Subsequently, on motion, the court entered judgment in favor of defendant non obstante veredicto. Plaintiff appealed. Error assigned was the order of the court.
1Opinion of the Court
Opinion by
Keller, J.,
This judgment must be affirmed on the authority of Goldberg v. Knickerbocker Ins. Co., 82 Pa. Superior Ct. 302.
The policy of insurance in suit contained a clause warranting that the automobile, the subject of insurance, had been fully paid for by the assured and was not mortgaged or otherwise encumbered; and a condition that the policy should be null and void, “if the interest of the assured in the property be other than unconditional and sole ownership.”
At the time the policy was issued, July 26, 1920, the assured, the plaintiff, was not the sole and unconditional owner…
2Cases cited4 opinions
- Goldberg v. Knickerbocker Ins. Co. of N.Y.Superior Court of Pennsylvania · 1923
- Duda v. Home InsuranceSuperior Court of Pennsylvania · 1902
- State Mutual Fire Insurance v. ArthurSupreme Court of Pennsylvania · 1858
- Puro v. Franklin Fire InsuranceSuperior Court of Pennsylvania · 1924
3Cited by5 opinions
- Isaac v. Donegal & Conoy Mut. Fire Ins.Supreme Court of Pennsylvania · 1932
- Kanefsky v. National Commercial Mutual Fire InsuranceSuperior Court of Pennsylvania · 1943
- SPIRES Et Ux. v. Hanover Fire Ins. Co.Supreme Court of Pennsylvania · 1950
- Benchoff v. Paradise Mutual Insurance, Pennsylvania Court of Common Pleas, Adams County1958
- SPIRES Et Ux. v. Hanover Fire Ins. Co.Supreme Court of Pennsylvania · 1950