Royal Ins. v. Beatty

Citations

• 119 Pa. 6
• 12 A. 607
• 1888 Pa. LEXIS 518

Syllabus

<p>1. Where, in an action upon a contract, the plaintiff’s case consists of the proof of a proposal, with the presumption of assent thereto arising from the silence of the defendant, no legal inference of a contract can arise out of such silence, without evidence of a duty to speak on the part of the defendant, which was neglected to the plaintiff’s harm.</p> <p>2. In an action upon a policy of insurance, the term of which had expired when the loss occurred, the plaintiff proved an application to “ bind” it (that is, to continue it in force temporarily), and, receiving no reply, supposed that the policy was continued: Held, that under the evidence, no legal liability on the part of the company was created.</p>