Lebanon Co. v. Franklin Fire Ins.

Citations

• 237 Pa. 360
• 85 A. 419
• 1912 Pa. LEXIS 945

Syllabus

<p>Insurance — Fire insurance — Increase of risk — Keeping of gasoline on premises — Repairs.</p> <p>1. A provision in a policy of fire insurance prohibiting the keeping or use of gasoline on the premises without the consent of the insurance company is not to be strictly construed; and if it appears that a fire occurred from the use of a gasoline torch in the burning off of old paint on the building insured, and not from any explosion of gasoline stored on the premises, the mere use of gasoline in the torch under such circumstances, is not sufficient to prevent a jury from returning a verdict in favor of the insured.</p> <p>2. A provision in a policy of fire insurance that the working of carpenters, roofers, tinners, gas-fitters, plumbers, or other mechanics in building, altering or repairing the premises without permission of the company, will render the policy void, does not apply to such repairs as are necessary for the proper care and preservation of the property, and the question of what repairs are necessary for proper care and preservation, is one for the jury. In making the contract of insurance, the parties must be regarded as having had in contemplation the proper care and preservation of the premises insured.</p>