Haws v. St. Paul F. & M. Ins.
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF MERCER COUNTY. No. 130 October Term 1888, Sup. Ct.; court below, No. 156 June Term 1885, C. P.' On May 23, 1885, A. J. Haws brought assumpsit against the St. Paul Fire and Marine Insurance Company, upon a policy of insurance against fire and lightning. The defendant pleaded non-assumpsit.
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APPEAL BY PLAINTIFF FROM THE COURT OF COMMON PLEAS OF MERCER COUNTY. No. 130 October Term 1888, Sup. Ct.; court below, No. 156 June Term 1885, C. P.' On May 23, 1885, A. J. Haws brought assumpsit against the St. Paul Fire and Marine Insurance Company, upon a policy of insurance against fire and lightning. The defendant pleaded non-assumpsit. At the trial on April 1,1887, the following facts were shown: The plaintiff was the owner of a stock farm in Mercer county, and engaged in raising thereon finely bred horses. On March 19, 1883, he obtained from the defendant company a policy of insurance…
1Dissent
Dissenting Opinion,
Mb. Justice Paxson :
I regret that a broader view has not been taken of this case. *119We have decided in a number of instances that where a policy of insurance contains a printed clause which is not applicable to the particular class of insurance covered by the policy, such clause is not binding upon the assured in case of loss. The reason for this ruling is, that it could not have been in the contemplation of the parties at the time the contract of insurance was made: Haws v. Fire Association, 114 Pa. 431. We accordingly held in that case that an insurance of a horse as “…
2Cases cited6 opinions
- Grandin v. Rochester German InsuranceSupreme Court of Pennsylvania · 1884
- Harper v. . New York City Insurance CompanyNew York Court of Appeals · 1860
- Haws v. Fire Ass'nSupreme Court of Pennsylvania · 1886
- Shafer v. SensemanSupreme Court of Pennsylvania · 1889
- Weisenberger v. Harmony Fire & Marine InsuranceSupreme Court of Pennsylvania · 1867
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