Pfeiler v. Penn Allen Portland Cement Co.

Citations

• 240 Pa. 468
• 87 A. 623
• 1913 Pa. LEXIS 697

Syllabus

<p>Insurance — Liability insurance — Banhrupt assured — Claim of injured person to subrogation.</p> <p>One who has obtained judgment against a bankrupt corporation for personal injuries sustained through the negligence of its servants, is not entitled to be subrogated to the right of the bankrupt corporation against an insurance company, under an indemnity policy of accident insurance, containing a clause reading as follows: “No action shall lie against the company to recover for any loss ox expense under this policy unless it shall be brought by the assured for loss or expense actually sustained and paid in money by him after actual trial of the issue, nor unless such action is brought within two years after payment of such loss or expense.” The lower court, therefore, committed no error in sustaining a demurrer and dismissing a bill filed for the purpose of requiring the insurance company to pay plaintiff the amount of his judgment against the bankrupt corporation.</p>