Dowling v. Merchants Insurance

Citations

• 168 Pa. 234
• 31 A. 1087
• 1895 Pa. LEXIS 781

Syllabus

<p>Insurance — Fire insurance — Mistake of agent — Description of property.</p> <p>The fraud or mistake of an insurance agent within the scope of his authority will not enable his principal to avoid a contract of insurance to the injury of the insured who acted in good faith ; and the fraud or mistake of the agent may be proved by parol evidence notwithstanding it is provided in the policy that the description of the property shall be a part of the contract and a warranty by the insured.</p> <p>In an action upon a policy of fire insurance, it appeared that no written application for insurance was made, and that the policy was written by the defendant’s agent, and accepted in good faith without examination, and not read by the insured until after the fire. The building insured was built for and used as a boarding house, and was erroneously described in the policy as “ occupied by the insured as a dwelling only.” The plaintiff fully and accurately described the property to the agent as a boarding house, and it was seen and examined by the agent, and the misdescription was his act alone. Held, that plaintiff vyas entitled to recover.</p> <p>Insurance — Fire insurance — Proof of loss — Waiver.</p> <p>A policy of fire insurance required proof of loss to be made within sixty days. On the day of the fire the company’s agent was notified by telegraph of the fire, and a few days afterwards inspected the premises and stated to plaintiff that the building was a total loss, and that plaintiff should make out a statement as to the value of the contents of the house, and that he could take his time to make his statement, and hold it until it was called for. Twenty-two days after the fire plaintiff mailed a proof of loss to the agent. About three months after the fire a proof of loss was sent directly to the company. Two months afterwards the company returned the latter proof of loss. Held, that the evidence was sufficient to justify a finding by the jury that a proof of loss had