Shanahan v. Agricultural Insurance

Citations

• 6 Pa. Super. 65
• 1897 Pa. Super. LEXIS 315

Syllabus

<p>Insurance — Clerical error in description — Question for jury.</p> <p>Where by a clerical error of the agent of an insurance company the description of the property insured designated one stable instead of two, and where it was the intention of the insured and insurer to cover two stables instead of one, such clerical error will not enable the defendant company to avoid the policy to the injury of the insured. The question as to how the error arose was one purely of fact and was properly for the jury, the evidence being ample to warrant a verdict for the plaintiff.</p> <p>Insurance — Error in policy — Acl of agent — Laches.</p> <p>An erroneous description having been inserted in a policy by the act of the agent of the insurance company, the defendant cannot be released from its contract because the plaintiff, acting in good faith, accepted without examination the policy written by its agent.</p> <p>Practice, Superior Court — Review—Refusal of new trial.</p> <p>The appellate court will not, except in clear cases of abuse of discretion, review the discretion of the trial court in refusing a new trial.</p> <p>Practice, Superior Court — Appeals—Defective assignment.</p> <p>Assignments are defective under Rule XVII., which allege error in admitting or refusing evidence but which fail to quote the full substance of the bill of exceptions or to copy the bill in immediate connection with the assignment.</p>