Davison v. London & Lancashire Fire Insurance

Citations

• 189 Pa. 132
• 43 W.N.C. 370
• 42 A. 2
• 1899 Pa. LEXIS 612

Syllabus

<p>Insurance— Gontract— Cancellation— Conditions.</p> <p>A contract of insurance requires the consent of both parties to cancel or rescind it, unless by its own terms a right to do so is given to either party alone, and if such right is given upon conditions the conditions must be fully complied with before the right can be exercised.</p> <p>Where goods have been removed from the building in which they were originally insured, and are destroyed by fire, the insured has no claim against the insurance company unless he proves affirmatively that the policy had been renewed or extended so as to cover the goods in their new place; and as to this the burden of proof is upon the insured.</p> <p>Where goods have been removed from the place in which they were originally insured, a payment or tender of a rebate or return premium is not a condition precedent to the insurance company’s right to defend against the collection of the policy.</p>