McCrea v. Patrons Mutual Fire Insurance Co. of Southern Pennsylvania

Citations

• 46 Pa. Super. 618
• 1911 Pa. Super. LEXIS 323

Syllabus

<p>Practice, C. P. — Rules of court — Admissions—Evidence—Affidavit of defense.</p> <p>1. Where a rule of court provides that facts alleged in a statement of claim, if not specifically denied by affidavit are to be'regarded as true, a plaintiff cannot avail himself of his statement for the purpose of establishing a fact, if it appears that the fact is denied in a supplemental affidavit of defense filed by permission of the court after the second trial and before the third trial of the cause.</p> <p>Insurance — Mutual fire insurance — Notice of loss — Proofs of loss.</p> <p>2. A letter sent by an insured to an insurance company stating merely that there was a fire, but giving no information as to what was consumed, or whether the property destroyed, if destroyed at all, was covered by the policy, is an insufficient notice of loss, although the loss may have been total, and will not take the place of the proof required by the policy.</p> <p>3. In an action upon a fire policy, evidence of an adjustment sufficient to establish a waiver of proofs of loss, is ineffectual for that purpose, where the only thing shown is that a certain person, naming him, came “to look over the damage,” without any proof to show that the person named had any authority to adjust the loss, or to represent the company in any way.</p>