Penn Furniture Co. v. Liberty Mutual Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 163, April T., 1910, by defendant, from decree of C. P. Crawford Co., Sept. T., 1909, No. 4, on bill in equity in case of Penn Furniture Company v. Liberty Mutual Fire Insurance Company. Bill in equity to reform an insurance policy. The statement of the question involved was as follows: An insurance company issued its policy of insurance containing an eighty per cent re'duced rate average coinsurance clause.
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Appeal, No. 163, April T., 1910, by defendant, from decree of C. P. Crawford Co., Sept. T., 1909, No. 4, on bill in equity in case of Penn Furniture Company v. Liberty Mutual Fire Insurance Company. Bill in equity to reform an insurance policy. The statement of the question involved was as follows: An insurance company issued its policy of insurance containing an eighty per cent re'duced rate average coinsurance clause. The insured declined to accept the policy containing said clause. The insurer thereupon canceled the eighty per cent clause when the insured accepted the policy and paid the…
1Opinion of the Court
Per Curiam,
We are asked to dismiss the assignments of error and quash the appeal for the reason, inter alia, that the appellant did not file in the court below, with its notice of appeal, a brief statement of the errors it alleges to have been made by the decree appealed from, as required by equity rule 92. This rule was recently discussed in the opinion of our Brother Henderson in Groff v. City Saving Fund & Trust Co., 32 Pa. Superior Ct. 416, and the reasoning which led to the quashing of the appeal in that case applies equally well here. No sufficient reason has been suggested why the rule…
2Cases cited3 opinions
- Wilson v. KellerSupreme Court of Pennsylvania · 1900
- McMellen v. WilliamsonSuperior Court of Pennsylvania · 1906
- Groff v. City Saving Fund & Trust Co.Superior Court of Pennsylvania · 1907
3Cited by1 opinion
- Penn Furniture Co. v. Lumbermen's Mutual Fire InsuranceSuperior Court of Pennsylvania · 1911