Heffron v. Kittanning Ins.

Citations

• 132 Pa. 580
• 20 A. 698
• 1890 Pa. LEXIS 856

Syllabus

<p>(a) A policy of insurance against loss by fire of a building “ occupied by assured as a dwelling house,” provided that the company should not be liable, “ if the risk shall be increased from any cause whatever within the knowledge of the assured, during the continuance of the insurance,” without notice, etc.</p> <p>(5) Nor should the company be liable “for loss in case of fire happening by any insurrection, invasion, foreign enemy, civil commotion, mob, riot, or any military or usurped power; nor explosions of any kind whatever within the premises, nor by concussions merely: ”</p> <p>1. In such case, the words, “ occupied by the assured as a dwelling house,” were words, of description, and not warranty; the policy was not avoided by a lease of a part of the dwelling; and a loss of the property insured by a fire resulting from the explosion of a lamp was a loss for which the company was responsible.</p> <p>2. A provision of the policy that “ payment of losses shall be made ninety days after complete proofs and adjustment thereof, at the office of the company,” did not require that, after due notice and proofs of loss had been furnished, demand for payment at the company’s office should be made before suit.</p>