Insurance Co. of N. A. v. Fidelity Co.

Citations

• 123 Pa. 523
• 16 A. 791
• 1889 Pa. LEXIS 678

Syllabus

<p>1. When a loss upon insured property has been caused by the alleged negligent act of a gas company resulting in an explosion and fire, the assured may settle with and release the gas company from all claim for injuries not covered by the insurance, without prejudice to his right to recover from the insurers for the loss occasioned by lire.</p> <p>2. In the absence of an express covenant by the assured in a Are policy, to assign to the insurers his cause of action against a wrong-doer through whose act a loss occurred, the insurers may not demand such assignment in advance of the discharge of their own liability on the policy.*</p>