Kearney v. Security Ins.

Citations

• 67 Pa. Super. 179
• 1917 Pa. Super. LEXIS 368

Syllabus

<p>Insurance — Fire insurance — Proof of loss — Waiver—Pleading.</p> <p>Where an insured under a policy of fire insurance prepares a very complete list of articles injured or destroyed by fire with their value, and the list is submitted to the local agent of the company who had requested it, and the latter retains it, and thereafter the adjuster of the company goes to the insured and objects to the value placed upon the articles and offers a smaller amount in settlement, but makes no objection that the proof furnished was unsatisfactory, the insurance company, in an action against it, will not be heard to defend on the ground that the proofs of loss submitted were not in compliance with the terms of the policy.</p> <p>The sufficiency of the evidence to support a waiver as to proof of loss is for the court. Whether such a waiver is proved is for the jury.</p> <p>In an action upon a fire insurance policy it is not necessary that plaintiff in order to plead a valid contract of insurance should aver in his statement that the defendant had waived the right to demand proof of loss. The plaintiff is not barred from offering evidence of the waiver at the trial although no reference is made to it in his statement.</p> <p>A claimant against an insurance company is not barred from recovery because through a misapprehension of the identity of certain articles, or because of some other mistake he includes such articles in his proofs of loss, although they were not in fact injured or destroyed.</p> <p>Where the court admits imperfect proofs of loss and subsequently refuses to strike them from the record, such action is not reversible error, if it appears that the insured had furnished a list of the articles destroyed, that the adjuster had used the list to cheek up the loss and had visited the plaintiff’s premises with the list in hand. The paper admitted bore upon the question of waiver and was properly allowed to remain as a part of the record.</p> <p>Practice, C. P. — Charge—H