Grier v. Northern Assurance Co.

Citations

• 183 Pa. 334
• 39 A. 10
• 1898 Pa. LEXIS 1055

Syllabus

<p>[Marked to he reported.]</p> <p>Practice, G. P. — Amendment—Bes adjudicata.</p> <p>The allowance of an amendment of a statement of claim is not such res adjudicata as will prevent the defendant from objecting to the enforcement of the amendment, if it appears that it was improperly allowed.</p> <p>Amendment — Statute of limitations.</p> <p>A new cause of action cannot be introduced, or new parties brought in, or a new subject-matter presented, or a fatal and material defect in the pleadings be corrected, after the statute of limitations has become a bar.</p> <p>Amendment — Statute of limitations — Policy of insurance — New promise.</p> <p>A promise by an insurance company to pay the amount of a policy, notwithstanding a previous denial of all liability, while a new undertaking not contained in the policy, cannot be separated from the policy, or from its terms and stipulations, but must be enforced, if enforced at all, with a full reference to the original contract itself, and to its fundamental and indispensable conditions; and such a promise cannot be introduced by amendment in a case against the insurance company, after the time limit for bringing suit prescribed by the policy has expired.</p> <p>A policy of fire insurance provided that suit should be commenced within twelve months next after the fire. In an action upon the policy the defendant filed an affidavit of defense alleging that the plaintiffs had violated one of the conditions of the policy by keeping prohibited articles on the premises insured. More than a year after the fire the plaintiffs were allowed to file an amended-statement in which they averred that after the fire the defendant company had at first denied all liability, but subsequently orally agreed to pay the loss. At the trial, the plaintiffs proceeded upon the amended statement. The defendant contended that there could be no recovery, because the amendment was not made until after the limitation upon the right of action had closed. Held,