Seybert's Administrators v. Pennsylvania Mutual Fire Insurance
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Luzerne county : Of January Term 1883, No. 298. Debt, by Stephen Ilill and Hrias Seybert, administrators of Reuben Seybert, deceased, against the Pennsylvania Mutual Fire Insurance Company, to recover the amount of a policy of fire insurance issued September 15th 1877, by the company defendant, on the dwelling house of the decedent. Pleas, nil debet, payment-with leave, etc.
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Error to the Court of Common Pleas of Luzerne county : Of January Term 1883, No. 298. Debt, by Stephen Ilill and Hrias Seybert, administrators of Reuben Seybert, deceased, against the Pennsylvania Mutual Fire Insurance Company, to recover the amount of a policy of fire insurance issued September 15th 1877, by the company defendant, on the dwelling house of the decedent. Pleas, nil debet, payment-with leave, etc. The building was totally destroyed by fire May 25th 1880, during the life of the policy. On the trial, before Rice, P. J., the only defence urged by defendant company was that the…
1Opinion of the CourtJustice Paxsox
We cannot reverse this case without making a new contract between the parties. Tlie policy of insurance under which the plaintiffs claim to reeovei', contains this clause : “If, after insurance, the risk shall be increased by any means whatsoever, or if the property . . . shall be incumbered by judgment, mortgage or otherwise, . . . and the assured shall neglect or fail to give written notice thereof, and pay such additional premium as the company shall determine, and obtain written consent of the company to a continuance of the policy, such insurance shall be void and of no effect.”
It was…
2Cases cited1 opinion
- Green v. . Homestead Fire Insurance Co.New York Court of Appeals · 1880
3Cited by4 opinions
- Penn. Mut. Fire Ins. v. SchmidtSupreme Court of Pennsylvania · 1888
- Hench v. Agricultural Ins.Supreme Court of Pennsylvania · 1888
- Todd v. Quaker City Mutual Fire InsuranceSuperior Court of Pennsylvania · 1899
- Coal Co. v. Insurance Co.Superior Court of Pennsylvania · 1900