Goldberg v. Crown Mutual Fire Insurance

Citations

• 61 Pa. Super. 360
• 1915 Pa. Super. LEXIS 333

Syllabus

<p>Insurance — Fire insurance — Additional insurance — Pleading— Evidence — Buies of court — Proofs of loss.</p> <p>In an action on a policy of fire insurance where the defendant pleads non assumpsit, and files notice of special matter of defense in that the plaintiff carried additional insurance contrary to the terms of the policy, the defendant, after the policy is proved, is confined alone to the defense stated in the notice, if a rule of court provides that the plea of non assumpsit covers only the denial of the making of the contract, and that all other defenses except payment, set-off and the statute of limitations, must be confined to the defenses stated in the notice of special matter. ,</p> <p>In an action on a policy of fire insurance, it is not reversible error for the court to permit the plaintiff to offer in evidence the proofs of loss, if it appears that the offer involves nothing more than putting upon the record and bringing to the notice of the jury, a. fact which was not denied by the defendant, and therefore was to be regarded as admitted.</p> <p>Insurance — Fire insurance — Application not attached to policy— Act of May 11,1881, P. L. 20.</p> <p>In an action on a policy of fire insurance the application if not attached to the policy, is not admissible at the instance of the defendant, although the policy states “that other insurance is permitted as mentioned on application for the insurance,” and the defense is the taking out of other insurance in alleged violation of the contract.</p>