Dennis v. Citizens Insurance

Citations

• 4 Pa. Super. 225
• 1897 Pa. Super. LEXIS 111

Syllabus

<p>Contract — Compromise agreement — Binding effect of.</p> <p>A compromise fairly entered into discharges the original cause of action which cannot be recurred to by either party. The settlement of the controversy imports a consideration.</p> <p>Insurance — Adequate notice of total loss.</p> <p>A notice in writing of the total loss of an insured building is sufficient proof of loss if followed by a denial of any liability by the company, coupled with the assertion that the company would pay all that they would be obliged to pay if they recognized the validity of the policy as a settlement of loss.</p> <p>Question for jury — Insurance—Compromise settlement — Misrepresentations.</p> <p>A notice of total loss having been given an insurance company and a compromise settlement having been agreed upon, in an action on the policy the question is properly for the jury when the evidence, though conflicting, tends to show that the plaintiff has been induced to agree to the settlement by reason of misrepresentations made by the representative of the insurance company.</p>