Miller v. Iron City Mutual Fire Insurance

Citations

• 4 Pa. Super. 605
• 1897 Pa. Super. LEXIS 172

Syllabus

<p>Insurance — Effect of draft given in settlement.</p> <p>A draft given, in the settlement of an insurance claim on which payment was subsequently refused is not such a conclusive and final payment as will preclude a valid defense by the company in a suit on the policy.</p> <p>Insurance — Fraud—Sufficiency of affidavit of defense.</p> <p>An affidavit of defense in a suit to recover on a draft given in settlement of a fire loss, is sufficient which positively avers fraud in making up proof of loss and fraudulent misstatement as to amount and value of goods destroyed, and that the draft was so issued under belief that the facts contained in the proof of loss were true as therein stated, whereas they were not true but false and fraudulent.</p>