Legal Opinion

Springfield F. & M. Ins. v. Brown

Pennsylvania Court of Common Pleas, Crawford County

Decided October 7, 1889No. 350PublishedCited by 5 opinions

No. 350 January Term 1889, Sup. Ct.; court below, No. 49 May Term 1887, C. P. On March 14, 1887, C. H. Brown brought debt against the Springfield Fire and Marine Insurance Company, on a policy of fire insurance for $1,000 issued to him by the defendant company. Issue.

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No. 350 January Term 1889, Sup. Ct.; court below, No. 49 May Term 1887, C. P. On March 14, 1887, C. H. Brown brought debt against the Springfield Fire and Marine Insurance Company, on a policy of fire insurance for $1,000 issued to him by the defendant company. Issue. At the trial on January 24, 1889, the case presénted was as follows, to wit: On June 11, 1886, the plaintiff procured from the defendant a policy of fire insurance for $1,000 on his stock of merchandise, which policy contained the following clause: “In case of loss, the assured shall give immediate notice thereof, and shall…

1Opinion of the Court

Opinion,

Me. Justice McCollum::

The real question in this case is whether the proofs of loss were furnished in time. The contract of insurance provides that “in case of loss the assured shall give immediate notice thereof, and shall render to the company a particular account of said loss, under oath, stating the time, origin and circumstances of the fire.” The loss occured on September 11, 1886, and the proofs were furnished on the 15th of December following. Where no time is fixed by the policy within which the proofs of loss shall be furnished, a reasonable time is allowed. What is a…

2Cases cited2 opinions

  1. American Fire Insurance v. HazenSupreme Court of Pennsylvania · 1885
  2. Home Insurance v. DavisSupreme Court of Pennsylvania · 1881

3Cited by5 opinions

  1. Bogojavlensky v. LoganSuperior Court of Pennsylvania · 1956
  2. Ercole v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1944
  3. Hottner v. Aachen & Munich Fire InsuranceSuperior Court of Pennsylvania · 1906
  4. SVEA Fire & Life Ins. v. State Savings & Loan Ass'nCourt of Appeals for the Eighth Circuit · 1927
  5. McCullough v. Hartford Fire InsuranceSuperior Court of Pennsylvania · 1896

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