Frick v. United Firemen's Insurance

Citations

• 218 Pa. 409
• 67 A. 743
• 1907 Pa. LEXIS 536

Syllabus

<p>Insurance — Fire Insurance — Inventory—Statement of loss.</p> <p>Where a policy of fire insurance provides that if a fire occurs, the insured shall give the company immediate notice in writing, protect the property, “ make a complete inventory of the same, stating the quantity and cost of each article, and the amount claimed thereon, and, within sixty days after the fire .... render a statement to the company, signed and sworn to by said insured, stating .... the cash value of each item thereof, and the amount of loss thereon,” the insured is not required to furnish the inventory to the insurance company, but if he furnishes a proper statement of loss, signed and sworn to, he will have sufficiently complied with the provision of the policy.</p> <p>In such a case the insured delivered within the proper time a statement of loss signed and sworn to. In the proof of loss, it was stated that “the statement of loss” shows “the cash value of the property insured by you, and for which claim for loss is hereby made .... as is shown in statement of loss; hereto attached.” The statement of loss showed the items destroyed, and the price of each item. The word “price” instead of “cash value” was put at the head of the column in which the value of each item was given. In a letter the insured advised the company that: “Our proofs of loss are filed upon the basis of actual cash market value at time of fire.” Held, that the statement of loss was sufficient.</p> <p>Insurance — Fire insurance — Whisky—Measure of damages.</p> <p>A policy insuring whisky against loss by fire provided as follows: “This company shall not be liable beyond the actual cash value of the property at the time any loss or damage occurs, and the loss or damage shall be ascertained or estimated according to such actual cash value, with proper deduction for depreciation however caused, and shall in no event exceed what it would then cost the insured to repair or replace the same with material of like kind and qu