Cramer v. Blooming Grove Mutual Fire Ins.

Citations

• 63 Pa. Super. 276
• 1916 Pa. Super. LEXIS 151

Syllabus

<p>Insurance — Fire insurance — Use of particular kind of fuel — Increase of hazaA'd — 'Warranty.</p> <p>A stipulation attached to a policy of fire insurance which requires the insured “to use coal only for fuel when steam power is used” must be limited to the building insured, or anything attached to it in such manner that it might be said to be a part of it, and will not be construed as applicable to a portable steam engine using wood as a fuel for the purpose of sawing wood, located temporarily on the premises about twenty-eight feet from the dwelling house insured.</p> <p>In such a case it is not error for the trial court to refuse to permit the defendant to prove by a witness that the portable engine was dangerous, and that on the day prior to the fire in question, a fire started on the roof of the porch of the dwelling house next or near to the engine, and that there was no causo which could be assigned for the first fire save only sparks from the portable engine, without any offer to show that the fire on the preceding day was caused by sparks from the engine, or that the engine did throw sparks.</p> <p>In such a case whether the proximity to the building increased the probability of fire and thereby increased the hazard within the provision of the policy relating to an increased hazard, is a question of fact for the jury.</p> <p>In an action upon a policy of fire insurance where the plaintiff does not testify as to any increase of hazard, the defendant will not be permitted on cross-examination of the plaintiff to introduce a defense based on an alleged increase of hazard to the premises insured.</p>