Penn. Mut. Fire Ins. v. Schmidt

Citations

• 119 Pa. 449
• 13 A. 317
• 1888 Pa. LEXIS 566

Syllabus

<p>A policy of fire insurance issued contained a condition that if the property should become incumbered and the assured should neglect or fail to give notice thereof and pay the additional premium which might be required, the policy should be void.</p> <p>At the date of the policy the property was subject to a mortgage of $4,000 of which the insurers had notice. Afterward, but before the loss, the assured accepted the office of treasurer of a hook and ladder company and gave an official bond in $500 upon an engagement with the obligees that it should not be put in judgment.</p> <p>Still before the loss, the assured paid $1,000 upon the mortgage incumbrance, and judgment had been entered upon the official bond but without his knowledge until after the loss, when he surrendered his office and had the judgment.satisfied of record.</p> <p>In an action afterward brought to recover upon the policy, Held:</p> <p>1. That, it was error to admit in evidence the circumstances under which the official bond was given, because, by the entry of the judgment thereon even -without the knowledge of the assured, the policy became void unless its condition was fulfilled.</p> <p>2. Whether, in view of the'fact tjiat at the date of the loss the amount of the incumbrances was less than at the date of the policy, the pqlicy was vitiated by the entry of the judgment, not decided.</p>