McGonigle v. Agricultural Insurance

Citations

• 167 Pa. 364
• 31 A. 626
• 1895 Pa. LEXIS 913

Syllabus

<p>Insurance — Fire insurance — Contract—Settlement by adjuster.</p> <p>A house and personal property were insured against fire by a policy which provided that it should become void if the property be or become incumbered beyond $1,500, and while the policy was in force the house became incumbered to the amount of $3,000. The policy further provided that no officer or agent of the company had power to waive any stipulation of the policy, unless such waiver be written upon or attached to said policy. After a loss of the property by fire, the insured agreed to deduct a portion of his loss on personal property by accepting the figures of the adjuster of the company instead of his own; and it was then agreed between the insured and the adjuster, said adjuster having full knowledge of the amount of the incumbrances, to compromise and settle the loss, and appoint appraisers to adjust the loss upon the house, and whatever damage the insured had suffered by the burning of his house as fixed by the appraisers, should be added to the amount of damage agreed upon to the personal property.</p> <p>Held, that in such case the company was liable, and the action was properly brought on the agreement between the adjuster and insured.</p>