McKee v. Susq. Mut. F. Ins.

Citations

• 135 Pa. 544
• 26 W.N.C. 263
• 19 A. 1067
• 1890 Pa. LEXIS 1218

Syllabus

<p>(a) A policy of insurance against fire upon a stock of goods, contained in a certain building, provided that the protection of the policy should be suspended “if the risk be changed in the occupation of the building,” and that the insured should notify the company thereof and pay any additional premium-demanded:</p> <p>1. A change of occupancy, with which the insured had nothing to do, occurring in a part of the building which neither belonged to nor was rented by him, and over which ho had no control, will not suspend the protection of the policy, though the insured gave no notice thereof, unless it be shown that he knew that the risk would be increased thereby.</p> <p>(5) A policy stipulated that, in ease of loss, the insured, whenever required, should submit to an examination or examinations on oath, and subscribe to such examinations when reduced to writing. After long-continued negotiations respecting a loss, the insured refused to answer questions under oath and to subscribe to answers previously given:</p> <p>2. It being shown that the insured had previously left his books, etc., at the office of the company, and had called there more than once in person for the purpose of explanation or examination, it was proper to submit to the jury the question whether the company had proceeded in a reasonable time and with proper diligence in making their examinations.</p>