McGinnis v. St. Paul Fire & Marine Insurance

Citations

• 38 Pa. Super. 390
• 1909 Pa. Super. LEXIS 147

Syllabus

<p>Insurance — Fire insurance — Proofs of loss — Total loss — Change of possession — Occupancy.</p> <p>1. Formal proofs of loss are not necessary in the case of á total loss of a building insured where the insurance company has been promptly notified of the loss and has inspected the premises.</p> <p>2. Where a policy of fire insurance provides that the policy shall be void if any change takes place in interest, title or possession, except change of occupants without increase of hazard, a leasing of the insured premises by the legal owner, with the consent of the insured, the equitable owner, and placing the lessee in actual possession of the premises, without any increase of hazard, does not avoid the policy. In such a case the word “possession” means legal possession or possessory right.</p> <p>3. Where the terms of the policy of insurance are susceptible without violence, of two interpretations, that construction which is most favorable to the insured, in order to indemnify him against loss sustained, should be adopted.</p> <p>Appeals — Exceptions—Refusal of judgment non obstante veredicto— Practice, C. P.</p> <p>4. Parties asking for a judgment non obstante veredicto and failing to secure it, must ask for and obtain an exception. The court is not required to grant an exception and place it in the record, unless it is asked for by the losing party. If such an exception has not been obtained, an appeal from the order may be quashed.</p>