Shopp v. Patrons' Mutual Fire Insurance

Citations

• 197 Pa. 219
• 47 A. 201
• 1900 Pa. LEXIS 725

Syllabus

<p>insurance—Fire insurance— Transfer of insurance—Evidence—Province of court and jury.</p> <p>Plaintiff had a policy of fire insurance, ou his house, and on the contents of his barn. He testified that at the time of the last renewal of the policy, he requested the secretary of the insurance company to take $1,000 off the house and put it on the barn, and that the secretary said, “All right.” No such transfer was made in the policy. Plaintiff’s testimony was contradicted by the secretary, and was not corroborated by any other evidence in the case. After the renewal, a storm injured the roof of the barn, and under the cyclone clause plaintiff claimed damages, and a small amount was paid to him by the insurance company without any examination of the policy, and under a misapprehension of the facts. The barn subsequently burned down, and plaintiff claimed to recover the $1,000 of insurance which he alleged had been transferred from the house to the barn. Held, that it was error to submit the case to the jury.</p>