Oswalt ex rel. Hugg v. Hartford Fire Insurance

Citations

• 175 Pa. 427
• 34 A. 735
• 1896 Pa. LEXIS 1267

Syllabus

<p>Insurance — Fire insurance — Proof of loss — Waiver—Evidence—Question for jury.</p> <p>Tn an action upon a policy of fire insurance it appeared that the insurance company requested the insured to furnish plans and specifications of the buildings destroyed, bills and vouchers for goods destroyed, and a certificate of a magistrate or notary public residing nearest the place of the fire. There was some evidence that a plan prepared by a carpenter and an estimate of the cost of rebuilding the house was sent to the agent of the company; together with the certificate of a magistrate. Subsequently the assured wrote to thé agent inquiring what further information was required. To this letter the company seems to have made no answer. Held, that it was for the jury to decide whether there had been a waiver on the part of the insurance company.</p> <p>Insurance — Fire insurance — Certificate of magistrate or notary public.</p> <p>Where a policy of fire insurance requires “ the certificate of the magistrate or notary public residing nearest the place of fire,” the certificate of the nearest justice of the peace is a sufficient compliance with the terms of the policy, notwithstanding the fact that a notary public resides nearer to the fire than the justice, but has his office in a distant town and the insured does not know that he is a notary public.</p>