Carpenter v. Allemannia Fire Ins.

Citations

• 156 Pa. 37
• 26 A. 781
• 1893 Pa. LEXIS 1306

Syllabus

<p>Fire insurance — Description of property — Evidence.</p> <p>A policy of fire insurance was issued - ‘upon the two story brick dwelling house, with slate roof, and its additions, adjoining and communicating, including foundations, porches, verandas,” etc. A frame building adjoined and communicated with the brick building. The defendant company introduced evidence tending to show that the frame building was not intended by the parties to be included in the policy. Plaintiff introduced evidence tending to prove the contrary. Held, that a verdict and judgment for plaintiff should not be disturbed.</p> <p>Proof of loss — Notice—Waiver.</p> <p>An insurance company which retains without objections proofs of loss for over a month will be presumed to have waived defects.</p>