Anthony v. Grier
Citations
- 57 Pa. Super. 320
- 1914 Pa. Super. LEXIS 197
Syllabus
<p>Insurance — Fire insurance — Application attached to policy — Act oj May 11,1881, P. L. 20 — Reduction of premium.</p> <p>1. A mere reference to a by-law, indorsed upon the back of the policy of insurance without the by-law itself being annexed, is not a compliance with the Act of May 11, 1881, P. L. 20, which provides that unless the by-law is attached or accompanies the policy no such by-law shall be received in evidence nor be considered a part of the policy or contract between the parties.</p> <p>2. A policy of fire insurance without any exact time limit specified, had indorsed upon it the following: “This policy shall be in immediate benefit for its full face value; this company reserving the right to deduct, in case of fire, the balance of what would be one annual premium unpaid at the time of said fire.” Held (1) that the policy was intended to be in force for at least one year with the right of the company to deduct in case of loss any premium that is unpaid at the time; and (2) that such result was secured by a judgment for the amount of admitted loss, less the unpaid balance of the one year’s premium.</p>
Judges: Head, Henderson, Kephart, Orlady, Porter, Rice, Trexler
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