Exchange Mutual Fire Insurance v. Mutual Fire Insurance

Citations

• 59 Pa. Super. 240
• 1915 Pa. Super. LEXIS 57

Syllabus

<p>Contract — Verbal contract — Case for jury — Insurance.</p> <p>1. Where in an action of assumpsit both parties are insurance companies, and the question involved relates to an agreement of reinsurance, and it appears that the agreement was made verbally between officers of the respective companies, the question as to what were the terms of the contract is for the jury.</p> <p>2. In such a case where it appears that the reinsurance was to be at a rate termed a “tariff rate,” and the evidence is conflicting, as to whether such rate was the one fixed by the underwriters’ association, or merely had reference to a rate at which a particular insurance was written, the conflicting evidence is for the determination of the jury.</p> <p>3. Where, in such a case, the dealings between the two companies required a daily report to be submitted by the plaintiff to the defendant showing the risks offered, the number of the policy, the date, term, expiration and rate of premium, and it also appeared that the defendant had a right to reject policies upon receipt of the daily report and at times exercised this right, the trial court is bound to submit to the jury the effect of the daily reports in the course of business adopted for a number of years, to determine whether, admitting the tariff rate, meant the underwriters’ rate, there were not a waiver of this rate.</p>