Mutual Fire Insurance v. Showalter

Citations

• 3 Pa. Super. 452
• 1897 Pa. Super. LEXIS 41

Syllabus

<p>Tort — Lunacy of defendant not a defense.</p> <p>The lunacy ol a defendant is no defense to an action for the recovery of. compensatory damages for a tort in which wrongful or malicious intent is not an essential element.</p> <p>Insurance — Fire caused by wilful act of lunatic — Lunatic's liability.</p> <p>Where a lunatic sets fire to a building owned jointly by himself and sister, an insurance company, having paid the sister’s loss, has a cause of action, under the subrogation clause of its policy, against the lunatic’s estate to recover the sum so paid by it to her. In such action the insanity of the defendant cannot be set up as a defense.</p> <p>Actions — Parties—Subrogation of Insurance Go. to right of injured party.</p> <p>A person’s property, which was insured, having been set on fire the insured has a cause of action against the wrongdoer which inures to the benefit of the insurance company under a clause of subrogation ; ordinarily such suit should be brought in the name of the insured, but in view of the subrogation clause and assignment made pursuant thereto and an agreement entered of record in the ease the company may maintain the action if the insured could do so.</p>