McKelvy v. German American Insurance

Citations

• 161 Pa. 279
• 28 A. 1115
• 1894 Pa. LEXIS 686

Syllabus

<p>Fire insurance — Double insurance — Evidence—Charge of court.</p> <p>A policy of fire insurance was by its terms void, if, without the consent of the insurer indorsed thereon, there was, when it was issued, or at any time during its continuance, other insurance upon all or any portion of the property covered by it. There was evidence that, six months after the policy was issued, the owner’s wife, without his knowledge, took out a. policy in another company. Both husband and wife testified in effect that, before the fire which destroyed the property, each was without knowledge of the insurance procured by the other. They also testified that since they discovered there was a double insurance neither of them had made any claim upon the company in which the wife had insured, but they did not testify that they had surrendered the policy, or notified the company that they disclaimed any benefit thereunder. It appeared that the husband knew of the additional insurance immediately after the fire, but he did not notify the company in his first proofs of loss, and it was not until he filed amended proofs, five months after the fire, that the company was informed of the additional insurance. The court charged that if plaintiff notified the company as soon as he learned of the additional insurance, and disclaimed the other policy, and insisted upon standing upon his own, he could recover. Held, that the charge clearly misstated the evidence, and that a verdict and judgment for plaintiff should be reversed.</p>