Schiavoni v. Dubuque Fire & Marine Insurance

Citations

• 48 Pa. Super. 252
• 1911 Pa. Super. LEXIS 362

Syllabus

<p>Insurance — Fire insurance — Unconditional and sole ownership — Covenants.</p> <p>1. When a policy of fire insurance covering a store building and a stock of goods, contains a covenant that the entire policy shall be void, ‘.‘if the interest of the insured be other than unconditional and sole ownership, or if the subject of insurance be a building upon ground not owned by the insured in fee simple,” and the evidence discloses that the insured’s interest in the building was merely that of a lessee, and not that of unconditional and sole ownership, the contract is an entire one, and is invalid not only as to the store building, but also as to the stock of goods referred to in the policy.</p> <p>2. In such a case the fact that the policy was issued without any application or written request, describing the interest of the insured in the building, does not constitute a waiver on the part of the insurance company of the “unconditional and sole ownership” clause, if there is no evidence that the company or its agent knew the character of the insured’s interest in the building.</p> <p>3. Philadelphia Tool Co. v. Assurance Co., 132 Pa. 236, explained and distinguished.</p>