Bingell v. Royal Insurance

Citations

• 240 Pa. 412
• 87 A. 955
• 1913 Pa. LEXIS 686

Syllabus

<p>Insurance — Fire insurance — Policy — Construction —- Proof of loss — Inventory—Substantial compliance — Magistrate's certificate —Waiver.</p> <p>1. The intention of the parties must necessarily govern in the construction of all contracts and it will never be presumed that persons occupying a contractual relation intend that an impossible thing shall be done. It is a general rule that a policy of insurance should be construed most strongly against the insurance company, and in all cases of doubt the contract is to be interpreted in favor of the insured.</p> <p>2. A fire insurance policy providing: “If fire occur, the insured shall give immediate notice of any loss thereby in writing to this company, protect the property from further damage, forthwith separate the damaged and undamaged personal property, put it in the best possible order, make a complete inventory of the same, stating the quantity and cost of each article, and the amount claimed thereon, and within sixty days after the fire, unless such time is extended in writing by this company, shall render a statement to this company, signed and sworn to by the said insured ¡stating the knowledge and. belief of the insured, as to the time and origin of the fire, the interest of the insured and of all others in the property, the cash value of each item thereof, and the amount of loss thereon,” is to be construed to require the assured to furnish a statement' of the damaged property remaining after the fire, and not to do what is practically impossible, make a complete itemized inventory of articles in the store before the fire occurred.</p> <p>3. Where after a loss the insured holding such a policy submitted in good faith the information he had or was asked to furnish concerning his losses, together with an inventory of his damaged goods, and on request secured duplicate invoices of certain purchases made by him before the fire and a magistrate’s certificate concerning the loss, he is not to he denied the right