Kelly v. Sun Fire Office

Citations

• 141 Pa. 10
• 21 A. 447
• 1891 Pa. LEXIS 1034

Syllabus

<p>[To be reported.]</p> <p>1. An insurance policy gave the insurer the right to elect, within thirty 'days after completion of the proofs of loss, whether to replace the building or to pay the loss. The proofs furnished having been returned for correction to the assured, who after some delay made the correction asked for without objection, he was estopped from saying they were complete as originally supplied.</p> <p>2. When the company, in proper time, gave notice of its election to rebuild, and the assured, denying its right so to do, entered suit to recover the amount of the loss, the company was not bound, pending the suit, to proceed to rebuild or even to attempt to do so, but as a defence to the action might stand upon its right to rebuild, and its election to exercise that right.</p> <p>8. A stipulation in a policy for the procurement by the assured of a“eertificate of the nearest magistrate that he believes, after examination, that a loss has been sustained without fraud, is obligatory upon the assured ; the dicta upon this subject in Universal Ins. Co. v. Block, 109 Pa. 535, and Davis Shoe Co. v. Insurance Co., 138 Pa. 73, disapproved: the effect of a magistrate’s refusal not decided.</p>