Pearce Manufacturing Co. v. Lebanon Mutual Insurance

Citations

• 216 Pa. 265
• 65 A. 663
• 1907 Pa. LEXIS 797

Syllabus

<p>Insurance — Fire insurance — Proof of loss — ■Schedule of items.</p> <p>In an action upon a policy of fire insurance it appeared that the policy required that the insured should set out in the statement of loss the cash value of each item of the property and the amount of the loss thereon. In the sworn proof of loss reference was made to a schedule of machinery on file in the office.of the plaintiff. It was shown that a copy of this schedule which was itemized and valued, had been delivered to the adjuster of the defendant company within thirty days after the fire, and that it remained in the possession of the defendant until the time of the trial. Held, that this preliminary schedule, taken in connection with the formal proof of loss, constituted a substantial compliance with the terms of the policy.</p> <p>Where proper proofs of loss have been furnished after the fire, and it appears that the insurance is upon a single building, and that the loss is total, the insured is under no duty to furnish verified plans and specifications of the building, together with a detailed statement of the cost of replacing the building.</p>