Smith v. People's Mutual Live Stock Insurance

Citations

• 173 Pa. 15

Syllabus

<p>Insurance — Live stock insurance — Misrepresentations—Evidence— Question for jury.</p> <p>In an action upon a policy of insurance for a liorse, where the defendant company defends on the ground of misrepresentations on the part of the assured as to the value of the horse, the ease is for the jury, where the misrepresentations are denied and where the evidence shows that the plaintiff could neither read nor write, that every statement in the application was made by the company’s own agent, that the agent went to the plaintiff’s stable, examined the horse, wont to his office, filled up the statement, signed the plaintiff’s name to the application, and had her affix her mark to it, and that on the back of the paper he signed a statement that the horse was worth the amount named in the policy.</p> <p>Insurance — Live stock insurance — Notice of disability — Waiver.</p> <p>Where a live stock insurance policy requires a notice in writing within twenty-four hours of the disability of the animal, the company will have been presumed to have waived the requirement of a written notice, where the company in response to verbal notice by assured immediately sent its surgeon, who examined the animal, and continued his visits until the ease became hopeless, and the animal was ordered to be killed.</p> <p>In such a case it was not error for the court to call the attention of the jury to the fact that the surgeon sent by the company had not complained when he saw the horse, that he had not been called in time to treat it; while but slight evidence that notice of the disease had been given promptly, it was still evidence, and therefore there was no error in adverting to the fact.</p> <p>Insurance — Live slock insurance — Cancellation of policy.</p> <p>In an action upon a policy of live stock insurance,. it appeared that the company was notified of the disability of the hon. nsured, and sent its surgeon to examine the animal. The surgeon continued to treat the horse for some time, a