Campbell v. Great Eastern Casualty Co.

Citations

• 73 Pa. Super. 333
• 1920 Pa. Super. LEXIS 15

Syllabus

<p>Contracts — Insurance—Classification of insured — Injury in the Course of classified duties — Case for jury.</p> <p>In an action to recover on a policy of insurance, for the amount due on the death of the insured, the case is for the jury to determine whether or not the deceased was engaged in duties which were protected in the contract of insurance.</p> <p>Where one, who has described himself in his application for insurance as a superintendent engaged in supervising only, is found dead after going to a power house to repair a transformer, the case is for the jury to decide whether or not he was killed in the course of an employment, which was insurable under the policy and while discharging the duties of superintendent.</p> <p>Practice, C. P. — Pleadings—Defense not raised in affidavit.</p> <p>On the trial of an action on an insurance policy, the defense of proportionate liability, under the terms of the policy, will not be allowed where no such defense is raised in the affidavit of defense.</p>