Etter v. St. Paul Fire & Marine Insurance

Citations

• 54 Pa. Super. 187
• 1913 Pa. Super. LEXIS 38

Syllabus

<p>Insurance — Fire insurance — Executory contract — Evidence.</p> <p>1. An executory contract of fire insurance in the future may be valid and binding, but the testimony to establish it must show clearly the subject-matter of the insurance, the amount and elements of the risk, including its duration in point of time, and extent in point of hazard assumed, the rate of premium, and generally all the circumstances which are peculiar to the contract and distinguish it from every other, so that nothing remains to be done but to fill up the policy and deliver it, on the one hand, and pay the premium, on the other.</p> <p>2. Where a person takes out a policy of fire insurance for five years, and asks the agent to renew the policy when it falls due, and keep the insurance alive, and the agent promised to do so, but fails to perform his promise, and nothing is said at the time as to the length, or term of the new insurance, or the rate or amount to be paid, or the property covered, the insurance company cannot be held as on a binding contract.</p>