Heron v. Phoenix Mutual Fire Insurance

Citations

• 180 Pa. 257
• 36 A. 740
• 1897 Pa. LEXIS 914

Syllabus

<p>Insurance — Fire insurance — Covenants—Fireworks.</p> <p>A policy of fire insurance provided that the policy should be void “if the hazard be increased by any means within the control or knowledge of the insured .... or if ... . there be kept, used or allowed on the above described premises benzine, benzole, dynamite, ether, fireworks,” etc. In an action upon the policy it appeared that the insured, for the purpose of celebrating the 4th of July, bought a lot of assorted fireworks which were delivered at his residence, in which was the property insured, on the morning of the 3d of July, and were shortly afterwards with his knowledge and approbation placed in the parlor for use on the following evening. In some unexplained way they took fire on the afternoon of the same day, and caused the loss for which suit was brought. Held, that it was error to refuse binding instructions for defendant.</p>