Clymer Opera Co. v. Rural Valley Mutual Fire Insurance

Citations

• 50 Pa. Super. 645
• 1912 Pa. Super. LEXIS 116

Syllabus

<p>Insurance — Fire insurance —■ Sole ownership — Building on leased ground — Insurance broker — Waiver.</p> <p>1. Where a policy of fire insurance for $1,000 specifies that $800 thereof is on a “one story composition roof, frame building,” and $200 on the contents thereof consisting of fixtures of an amusement hall, and it appears that at the time the insurance was taken out, the insured while owning the building and contents, only leased the ground, the policy is void under a provision contained therein that it “shall be void if the interest of the insured be other than unconditional, and sole ownership; or if the subject of insurance be a building on ground not owned by the insured in fee simple.”</p> <p>In such a case if the insurance has been placed by a person whose only relation with the insurance company is that of an insurance broker without any authority as an agent to write insurance and issue a policy for the company, the knowledge of such person of the actual condition of the title, is not the knowledge of the company so as to estop the company from asserting a forfeiture of the policy for breach of a covenant as to “sole ownership.”</p> <p>3. Where a policy of fire insurance is for a sum in gross, but apportioned between a building and the contents thereof, and it appears that there is a breach of the covenant as to the “sole ownership” of the building, the policy is void, not only as to the building, but also as to the personal property.</p>