Highlands v. Cumberland Valley Farmers' Mutual Fire Insurance

Citations

• 203 Pa. 134
• 52 A. 130
• 1902 Pa. LEXIS 668

Syllabus

<p>Insurance — Fire insurance — Subrogation—Release of negligent party.</p> <p>Where a policy of fire insurance provides that if loss shall happen by reason of the negligence of another the fire insurance company shall be subrogated to the rights of the insured, and it appears that the premises insured were destroyed by the negligence of a railroad company, and the insured executed in consideration of a money payment an absolute release to the railroad company, the insurance company is thereby relieved from liability to the insured, and if the latter institutes a suit upon the policy, he cannot introduce parol evidence to the effect that he was deceived by the fraudulent representations of the agent of the railroad company.</p>