Brumbaugh v. Home Mutual Fire Insurance

Citations

• 20 Pa. Super. 144
• 1902 Pa. Super. LEXIS 198

Syllabus

<p>Insurance — Fire insurance — Proofs of loss.</p> <p>In an action upon a fire policy proofs of loss furnished by the plaintiff to'another fire insurance company, are not binding upon him as to the amount therein specified. If such proofs of loss are admitted, it is not error to permit the plaintiff to explain the manner in which such proofs of loss were made out.</p> <p>Insurance — Fire insurance — Additional insurance — Waiver.</p> <p>Where the president of a fire insurance company who is also its principal soliciting agent accepts an application and cash premium and issues a policy, with full knowledge that other insurance is in force upon the same property, he will be deemed to have waived for his company a provision of the policy that the company shall not be liable “ if there is prior or subsequent insurance on the property, whether valid or invalid, without the written consent of the company indorsed hereon.”</p>