Insurance Co. of N. A. v. Fidelity Co.
Supreme Court of Pennsylvania
ERROR TO THE COURT OE COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 231 October Term 1888, Sup. Ct.; court below, No. 654 September Term 1888, C. P. No. 1. On September 3,1888, a summons issued in an action by the Fidelity Title and Trust Co., of Pittsburgh, trustee, for use of the Western University of Pennsylvania, against the Insurance Company of North America, of Philadelphia.
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ERROR TO THE COURT OE COMMON PLEAS NO. 1 OF ALLEGHENY COUNTY. No. 231 October Term 1888, Sup. Ct.; court below, No. 654 September Term 1888, C. P. No. 1. On September 3,1888, a summons issued in an action by the Fidelity Title and Trust Co., of Pittsburgh, trustee, for use of the Western University of Pennsylvania, against the Insurance Company of North America, of Philadelphia. The statement of the plaintiff, and the affidavit of defence of the defendant company, with the exhibit A attached to the latter as part thereof, were identical with the papers filed in the court below, in the case of…
1Opinion of the Court
*525Opinion,
Mr. Justice Williams :
This is an action upon a policy of insurance against loss by fire in the usual form. Judgment was entered for want of a sufficient affidavit of defence, and this is the action complained of. The affidavit admits the genuineness of the policy, the fire, the loss as adjusted, and the liability of the insurance company under the terms of its policy, but denies the right of the plaintiff to recover for the following reasons: (1) The fire resulted from the criminal negligence of the People’s Natural Gas Company, which is therefore liable for the loss. (2) Its own…
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