Heller v. Royal Insurance

Citations

• 177 Pa. 262
• 35 A. 726
• 1896 Pa. LEXIS 973

Syllabus

<p>Landlord and tenant — Insurance—Agreement to rebuild — Eviction—Rescission of lease.</p> <p>Where the tenant of a building destroyed by fire agrees that his landlord may enter and rebuild and that such rebuilding shall not constitute an eviction or rescission of the lease, such agreement is neither an eviction nor a rescission of the lease, and it will not, in the absence of fraud, relieve an insurance company which has undertaken to indemnify the tenant for any loss by reason of the payment of rent while the premises are untenantable: Heller v. Royal Ins. Co., 151 Pa. 101, followed.</p> <p>In such a case money collected by the landlord from an insurance company which liad insured him against the loss of rent, and applied by the landlord to the rent in relief of the tenant, will not affect the tenant’s contract right against the insurance company which had undertaken to indemnify him for loss by reason of the payment of rent while the premises were untenantable.</p>