Noel v. Pymatuning M. F. Ins.

Citations

• 130 Pa. 523
• 18 A. 1054
• 1890 Pa. LEXIS 1067

Syllabus

<p>[To be reported.]</p> <p>(a) The defendant, a mutual fire insurance company issuing to its members a uniform five-years policy, unless otherwise directed, issued to plaintiff a policy for five years dated June 28,1880. At the end of two years, the plaintiff returned the policy to the company to have a new one issued with $200 additional insurance.</p> <p>(5) On July 12, 1882, a new policy was sent to the plaintiff, who put it away without examination. It was not dated, but on its face was the provision, “Insurance not to exceed 28th day of June 1885.” On the company’s registry it was minuted as a five-years policy, and plaintiff paid all assessments upon it, including two for losses occurring after June 28, 1885.</p> <p>1. In an action to recover for a loss by fire on February 9,1887, the question was, not whether, under the evidence, the policy should be reformed to a five-years policy from July 12, 1882, on the ground of mutual mistake, but whether, as a question of fact, the limitation as to time was not a clerical error, and the actual intent of the parties the issuance and acceptance of a policy for five years.</p>