McClure v. Mutual Fire Ins.

Citations

• 242 Pa. 59
• 88 A. 921
• 1913 Pa. LEXIS 837

Syllabus

<p>Insurance — Fire insurance — Prohibited articles — Suspension of policy — Revival—Written and printed clauses — Articles incident to business — Increase of hazard — Case for jury.</p> <p>1. When an article prohibited in a policy of fire insurance has been kept or used on the insured premises but the insurer has not declared cancellation or forfeiture of the policy on that account, and the keeping or use of the article has been discontinued prior to the happening of a fire, the policy is not rendered absolutely void, but only suspended during the time the prohibited articles are kept on the premises and is revived by the discontinuance of the prohibited use and the payment of premiums and the issuance of renewal receipts after that time.</p> <p>2. The general rule that written portions of an insurance policy must be taken as being more immediately expressive of the intention of the policy and must prevail over the printed portions if there is any repugnancy or conflict between them, is applicable as well to prohibited articles as to other conditions of the policy, and the use of an article prohibited by the printed clause of a policy of fire insurance will not avoid it if the prohibited article is a customary component part of the goods insured or is in customary use in carrying on the trade or business conducted in the insured building.</p> <p>3. In such a case the policy is not avoided by the fact that the insured had during the life of the policy kept gasoline, illuminating oil and gunpowder on the premises, in violation of the policy, where it also appeared that such articles had not been so kept for at least two years prior to the fire, and that the policy had been renewed in the meantime, and the premiums paid.</p> <p>4. In such a case where the policy contains a printed clause prohibiting the keeping of gasoline on the insured premises, but it appears in the written provisions of the policy that the building is to be used as a general country store, in the