Miller v. Interstate Casualty Co. of New York

Citations

• 17 Pa. Super. 360
• 1901 Pa. Super. LEXIS 321

Syllabus

<p>Insurance — Accident insurance — •Parol evidence to vary written agreement.</p> <p>Where a policy of accident insurance describes the insured as “ collector and constable serving civil writs only,” and provides that in case of injuries intentionally inflicted upon the insured either by himself or any other person that the liability of the company shall be a sum equal to the last premium paid, and the insured is subsequently injured in an assault committed upon him by a person upon whom he was serving civil process, and the plaintiff claims the damages allowed for accidental injuries on the ground that he had a parol agreement with the company by which the policy was to cover his risk in his business as constable and collector, the plaintiff is not entitled to recover where the testimony introduced by himself leaves it in doubt whether the understanding was that the policy negotiated for was to indemnify him at the full rate for all injuries received by him when serving civil process, whether intentionally inflicted.or not, or for “ accidental injuries ” only.</p>