Baldwin v. Pennsylvania Fire Insurance

Citations

• 20 Pa. Super. 238
• 1902 Pa. Super. LEXIS 217

Syllabus

<p>Insurance — Fire insurance — Contract.</p> <p>A policy of insurance is a contract, and until the negotiations of the parlies have brought them to such a stage where it may fairly be said that they have agreed upon something, no contract exists.</p> <p>Where after the dissolution of a partnership and the death of one of the partners, the surviving partner cancels a fire policy which had been issued to the firm, and directs the insurance agent to issue a new policy in the name of the deceased partner, dating it prior to his death, and covering real estate which had become the property of the deceased, and further directs the agent to send the policy to the agent and attorney for the heirs of the deceased, and the latter refuses to accept the policy as made out, and states that he will call upon the agent in reference to the matter, but never does so, the heirs of the deceased cannot recover from the insurance company for the loss of the premises, inasmuch as no contract existed between them and the insurance company.</p>