Robson v. Pennsylvania Mutual Live Stock Insurance

Citations

• 57 Pa. Super. 491
• 1914 Pa. Super. LEXIS 224

Syllabus

<p>Insurance — Live stock insurance — Age of animal — Mistake—Health of animal.</p> <p>, 1. Where a person about to insure a horse states to the agent that the horse was fifteen years old and exhibits to him a bill in which the age of the horse is correctly given, but the company in writing the policy by mistake states the age as fourteen, the policy is not thereby rendered invalid so as to enable the company to profit by its own carelessness. ,</p> <p>2. In an action upon a policy of live stock insurance the trial judge cannot be convicted of error in refusing to charge that “if at the time the policy went into effect the animal insured was not in good health, or was unsound, or diseased, then there can be no recovery,” where the policy provides that “the company will not be liable for the death of any animal resulting from sickness or disease contracted or accident occurring prior to or upon the day of the issue of the policy.” Such a point is too broad, and could not be affirmed unless it is shown that the unsoundness was such as was embraced in the words “sickness or disease,” and furthermore that the death resulted from such unsoundness.</p> <p>3. In an action upon a live stock policy which provides for notice to the company of the sickness of the animal, the court cannot say as a matter of law that the fact that the insured did not give notice of the development of nodules on the legs of a horse, invalidated the policy, where the evidence showed that the horse was in good health, and was used to within three days prior to his death, and that a horse in such a condition might render services for a long period. The question whether the horse was suffering from a sickness within the meaning of the policy is for the juiy.</p> <p>4. In such a case the failure to mention in the proof of loss the fact that the horse had nodules on his legs was not such a fraud as to work forfeiture of all claims under the policy.</p> <p>Insurance — Live stock insurance — Attaching ap