Clarke v. Western Assurance Co.

Citations

• 146 Pa. 561
• 23 A. 248
• 1892 Pa. LEXIS 1262

Syllabus

<p>1. Double insurance takes place when the assured makes two or more insurances, either simultaneous or successive, upon the same subject, the same risk, and the same interest. In such case, if there be no stipulation to the contrary, the respective insurers are liable pro rata, all the policies being considered as together making but one policy.</p> <p>2. When two policies insure the same property, but one of them covers other property also, without specifying how much of the insurance applies to each property, a case of double insurance is not presented: Sloat v. Insurance Co., 49 Pa. 14. At all events, the doctrine of double insurance cannot be applied as to the whole of the more comprehensive policy.</p> <p>3. The decision in Sloat v. Insurance Co., 49 Pa. 14, has not been overruled or its authority shaken by Merrick v. Insurance Co., 54 Pa. 277; Lebanon Ins. Co. v. Kepler, 106 Pa. 28, or any other subsequent case. On the contrary, it has been expressly recognized as law by later cases: Ogden v. Insurance Co., 50 N. Y. 388 (10 Am. Rep. 492; 65 N. Y. 20), disapproved, but distinguished.</p> <p>4. A “ Per Curiam” opinion is the opinion of the court in a case iri which the judges are all of one mind, and so clear that it is thought unnecessary to elaborate it by an extended discussion. Such an opinion is not entitled to less weight, as an authority upon the questions involved, than any other: Per Mr. Chief Justice Paxson.</p>