Cole v. Manchester Fire Assurance Co.

Citations

• 188 Pa. 345
• 41 A. 593
• 1898 Pa. LEXIS 614

Syllabus

<p>Insurance — Fire insurance — Proofs of loss — Evidence.</p> <p>In an action on a policy of fire insurance, proofs of loss are admissible only for the purpose of establishing the fact that the plaintiff has complied with the policy in furnishing proper proofs of loss, and when their sufficiency has been passed upon by the-court they have performed their function, and cannot be used, against the objection of defendant as to their relevancy, as affirmative evidence of the amount of the loss.</p> <p>Where proofs of loss have been admitted under objection and exception as affirmative evidence of the amount of the loss,.and the other evidence in the case as to the amount of the loss is of a most meager and unsatisfactory character, and the court does not instruct the jury to disregard the proofs of loss, a verdict and judgment for the plaintiff for the full amount stated in the proofs of loss, will be reversed.</p>