Chulek v. United States Fire Insurance

Citations

• 30 Pa. Super. 435
• 1906 Pa. Super. LEXIS 94

Syllabus

<p>Insurance — Fire insurance — Pleading—Statement of claim.</p> <p>Where in an action on a policy of fire insurance, covering a building and furniture, the plaintiff in his statement of claim avers the right to recover the whole amount of the insurance both that on the building and that on the furniture, without setting forth specifically the loss upon the building and that upon the furniture, the statement may be amended so as to show the amount of the loss upon the two classes of property. In such a case the amendment introduces no new cause of action.</p> <p>Insurance — Fire insurance — Sole and unconditional ownership.</p> <p>Where a policy of fire insurance provides that the contract shall be void if any change shall take place in the interest, title or possession of the subject of the insurance, a conveyance by the insured to a third person followed by a conveyance by such person to the insured’s wife, will constitute a violation of the covenant; and this is the case although the insured and his wife and the person through whom the conveyance was made to the wife unite in testifying that the deed by the insured was the result of a fraudulent conspiracy between the insured’s wife and such third person.</p> <p>In the above case it appeared that the deed from the insured was executed during a short interval between the expiration of the lien of a judgment and the revival of the same. Held, that the record of the judgment was admissible in evidence to show a motive for the conveyance to the insured’s wife, and to contradict the testimony as to the conspiracy. - •</p>