McKelvy v. German American Insurance
Supreme Court of Pennsylvania
Appeal, No. 305, Oct. T., 1893, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1891, No. 736, on verdict for plaintiff, John R. Mc-Kelvy. Assumpsit on policy of fire insurance. Before Collier, J. The facts appear by the opinion of the Supreme Court. The court charged in part as follows : “ That policy was not taken out by Mr. McKelvy, that is clear. The evidence is his wife took it out, but she took it out in his name.
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Appeal, No. 305, Oct. T., 1893, by defendant, from judgment of C. P. No. 1, Allegheny Co., June T., 1891, No. 736, on verdict for plaintiff, John R. Mc-Kelvy. Assumpsit on policy of fire insurance. Before Collier, J. The facts appear by the opinion of the Supreme Court. The court charged in part as follows : “ That policy was not taken out by Mr. McKelvy, that is clear. The evidence is his wife took it out, but she took it out in his name. The question is, did Mr. McKelvy know that ? He says he did not, and his wife says he did not. But you must remember the relation of wife and husband is a…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The policy in suit was by its terms void, if without the consent of the insurer indorsed thereon, there was when it was issued, or at any time during its continuance, other insurance upon all or any portion of the property covered by it. It is conceded that the plaintiff was the exclusive owner of this property, and that at the time of the fire and for seventeen months previous thereto there was other insurance in his name on a part of it. Prima facie therefore a case of double insurance was presented, and to the extent of it, at least, the policy issued by the…
2Cited by4 opinions
- Gnat v. Westchester Fire Insurance Co. of New YorkWisconsin Supreme Court · 1918
- Nat. Union Fire Ins. Co. v. ProvineMississippi Supreme Court · 1927
- German Insurance v. Emporia Mutual Loan & Savings Ass'nCourt of Appeals of Kansas · 1900
- Glens Falls Insurance Co. v. JacobsCourt of Appeals of Kentucky (pre-1976) · 1929