Healy v. Stuyvesant Insurance

Citations

• 72 Pa. Super. 168
• 1919 Pa. Super. LEXIS 274

Syllabus

<p>Insurance — Automobile insurance — Cancellation—Failure to surrender policy.</p> <p>A provision in an insurance policy, that the unearned premium shall be returned on the cancellation of the insurance only on surrender of the policy, is a reasonable requirement.</p> <p>In an action for unearned premiums, a nonsuit is properly entered, where the insured has failed to return his policy upon the cancellation of the insurance.</p> <p>Insurance policies — New insurance — Voidable.</p> <p>The clause in an insurance policy that it will become void if other insurance has-been taken which covers the property at the time of loss, does not necessarily work a forfeiture and is no ground for an action for unearned premiums, where no notice of such additional insurance was given, to the defendant company, and no loss had occurred to the property. When a policy expressly stipulates that the taking out of other insurance without the consent of the company shall render the policy void, the insured is not entitled to a return of his premium, merely because he has violated the covenants of his policy.</p>