Rubenstein v. Dixie Fire Insurance
Superior Court of Pennsylvania
Appeal, No. 47, April T., 1912, by defendant, from order of C. P. No. 4, Allegheny Co., Fourth T., 1910, No. 385, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Jacob I. Rubenstein v. Dixie Fire Insurance Company of Greensboro. Assumpsit on a policy of fire insurance. Rule for judgment for want of a sufficient affidavit of defense.
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Appeal, No. 47, April T., 1912, by defendant, from order of C. P. No. 4, Allegheny Co., Fourth T., 1910, No. 385, making absolute rule for judgment for want of a sufficient affidavit of defense in case of Jacob I. Rubenstein v. Dixie Fire Insurance Company of Greensboro. Assumpsit on a policy of fire insurance. Rule for judgment for want of a sufficient affidavit of defense. The material provisions of the policy and of the affidavit of defense are stated in the opinion of the Superior Court. Error assigned was order making absolute rule for judgment for want of a sufficient affidavit of…
1Opinion of the Court
Opinion by
Porter, J.,
The plaintiff brought this action upon a policy of insurance issued by the defendant company upon a stock of merchandise, alleging in his statement that the property had been damaged by fire to the amount of $7,116.10; that the total insurance aggregated $6,500, and that he was entitled to recover of the defendant company the full amount of its policy, viz.: $1,500. The insurance company filed an affidavit of defense admitting the validity of the policy and that upon the occurrence of the fire it became liable for the proportion of the loss sustained which this policy…
2Cases cited6 opinions
- Commercial Union Assurance Co. v. HockingSupreme Court of Pennsylvania · 1887
- Yost v. McKeeSupreme Court of Pennsylvania · 1897
- Penn Plate Glass Co. ex rel. Wertheimer v. Spring Garden InsuranceSupreme Court of Pennsylvania · 1899
- Fritz v. British America Assurance Co.Supreme Court of Pennsylvania · 1904
- Howard Insurance v. HockingSupreme Court of Pennsylvania · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Dudzinski v. Great American InsuranceSuperior Court of Pennsylvania · 1927
- Robinson v. Lumbermen's Mutual Casualty Co.Superior Court of Pennsylvania · 1933
- Ford v. Grocers' Mut. Ins.District Court, W.D. Pennsylvania · 1931