Elliott v. Lycoming County Mutual Insurance

Citations

• 66 Pa. 22
• 1870 Pa. LEXIS 268

Syllabus

<p>1. A fire policy contained: “It is agreed, That the aggregate amount insured in this and other companies, on the above-mentioned property, shall not exceed two-thirds of the estimated cash value.” Held, that the estimated value was that at the time of insurance.</p> <p>2. The value of buildings was estimated when insured at $1950, and the amount insured $1300; additions were made; the agent of the company certified that he had examined and the addition did not increase the risk. $1000 more was then insured in another company; the buildings were burned. At the time of the fire the value of the buildings was $4200. Held, that the first policy was forfeited for over insurance.</p> <p>3. If a company after notice of over insurance make and collect assessments, they treat the contract as still subsisting and are estopped from setting up a forfeiture.</p> <p>4. An over insurance was made and afterwards an assessment was made; the treasurer discovering the error, notified the local agent not to collect it; the agent forgetting his instructions demanded it, but recollecting them, did not collect it. Held, not to be a waiver by the company.</p> <p>5. Under these facts, waiver was for the court.</p> <p>6. A judge is n.ot bound to submit a mere spark of evidence ; there must be enough to raise a reasonable question for decision.</p> <p>7. An insurance was on a house and stable in one policy ; an over insurance was made on the house; both were burned; the company tendered payment for the loss on the stable. Held, not to be an affirmance of the contract, so as to estop them from setting up a forfeiture as to the house.</p> <p>8. Payment of money into court when the declaration is on a special contract, admits the contract so as to supersede the necessity of proving it.</p> <p>9. Payment of money into court is the acknowledgment of the right of action to the amount brought in, but not beyond that.</p> <p>10. Such payment waives no defen'ce, although the defence be to the whole