Davis v. Continental Ins.

Citations

• 60 Pa. Super. 341
• 1915 Pa. Super. LEXIS 194

Syllabus

<p>Insurance — Fire insurance — Cancellation of policy — Evidence— Case for jury.</p> <p>A contract of insurance providing for notice cannot be can-celled without such notice. Where a policy has been delivered by the insured to the local agent at his request and the conditions as to this delivery is disputed as to whether it was so surrendered for cancellation or correction, the treatment of the policy raises a disputed fact which is properly for the jury.</p> <p>In such a case evidence is not admissible as to the endorsements made on the policy by the company after it had received it from its agent, and the action of the company in cancelling it.</p> <p>Practice, C. P. — Trial—Charge—Points.</p> <p>If instructions cover substantially everything that is asked for in points which are refused, it is not necessary for the trial judge to answer the points in detail even though it be conceded that they were correct propositions at law, and applicable to the facts of the case.</p>