First National Bank v. Maikranz

Citations

• 44 Pa. Super. 225
• 1910 Pa. Super. LEXIS 157

Syllabus

<p>Attachment execution — Insurance—Fire insurance — Actions.</p> <p>1. An attachment execution against a fire insurance company to attach a fund due to the defendant in the execution, for a loss by fire, is a suit or action on the policy.</p> <p>Insurance — Fire insurance — Proofs of loss — Evidence—Question for jury.</p> <p>2. Where an insured under a fire policy has made an honest and a substantial effort to comply with the requirements of his policy as to the particulars in his proofs of loss, it becomes incumbent on the company to point out the particulars in which that effort has failed; and if the company in discharging this obligation, points to but a single defect or two, it will be held to have waived any others that may exist.</p> <p>3. The question of waiver is for the jury where there is evidence that the conduct of the company was calculated to mislead the insured into the belief that if he could, by production of bills and otherwise, satisfy its representative that the loss was as great as he claimed, no further complaint would be made as to the form or character of the statements of his loss which he had previously furnished.</p>