Dornblaser v. Sugar Valley Mutual Fire Insurance

Citations

• 20 Pa. Super. 536
• 1902 Pa. Super. LEXIS 273

Syllabus

<p>Insurance — Fire insurance — Alienation of title — Cotenants.</p> <p>Where a policy of fire insurance provides that the policy shall become void if the title to the property is sold, transferred or changed, a purchase of the property by one of the devisees of the insured in partition proceedings is such a change of title as will avoid the policy.</p> <p>A policy of fire insurance was issued wherein it was recited that the insured “ obligated himself, his heirs, executors and administrators to pay all such ” assessments as might be made by the board of directors, and whereby the company promised and agreed “ to make good unto the said insured, his heirs, executors, administrators and assigns all such loss or damage not exceeding the sum insured,” as should happen by fire to the property insured between the date of the policy and the date when the policy should be annulled, and w.hich provided that “if the title to the hereby insured property be sold, transferred or changed, or if said property be levied upon or taken into possession or custody under any legal .proceeding, this policy shall forthwith cease and become void.” The bylaws provided that “ the sale of property insured by this company cancels the policy, and the purchaser must make application anew, if he desires insurance.” After the death of the insured one of his devisees purchased the whole properly insured at a sale in partition proceedings. Subsequently the property was destroyed by fire. Held, that there was sueh a change of title as to avoid the policy.</p>