Shamokin Manufacturing Co. v. Ohio German Fire Insurance

Citations

• 39 Pa. Super. 553
• 1909 Pa. Super. LEXIS 531

Syllabus

<p>Insurance — Fire insurance — Invalid contract — Two masters — Corporation.</p> <p>In an action on a policy of insurance an affidavit is sufficient to prevent judgment when it avers that the local agent of an insurance company, whose duty it was to solicit insurance, and countersign and deliver policies, issued such a policy to a corporation of which he was a stockholder and general officer, without any knowledge on the part of his principal of the fact of his interest in the insured property. Such a transaction invites the application of the general rule that it is against public policy for a man to serve two masters at the same time and the burden is on the plaintiff to show, if he can, a state of facts which would prevent the application to his case, of the general rule.</p>