Snowden v. Kittanning Ins.
Citations
- 122 Pa. 502
- 16 A. 22
- 1888 Pa. LEXIS 629
Syllabus
<p>1- R is competent for an insurance company to waive performance of a formal condition introduced into a policy for its own benefit, and such waiver may be inferred, either from acts evidencing a recognition of liability, or from a denial of obligation for other reasons, exclusively, to be submitted to the jury upon sufficient evidence thereof.</p> <p>2. A condition in a policy of fire insurance that a loss shall not be payable until a certain period after complete proofs and adjustment thereof, is waived, if, without such proofs made, the company object solely to the amount claimed and agree with the insured to the ascertainment of the damage by appraisers, and to pay the loss thus ascertained at once.</p> <p>3. When, without formal proofs, the adjustment of a loss is thus made dependent upon the award of appraisers to whom the amount is submitted, the company is liable for the loss thus ascertained, although by the terms of the policy it is not liable for a greater sum than two tflirds. of the actual value of the building burned.</p>
Judges: Claek, Clark, Gordon, Green, Hand, Paxson, Sterrett, Williams
Read full opinion on CourtListenerCited by
8 cases in this archive cite this case.
- Gould v. Dwelling-House Ins.Supreme Court of Pennsylvania· 1890-05-12· cited 53×
- McFarland v. Kittanning Ins.Supreme Court of Pennsylvania· 1890-05-12· cited 17×
- Freedman v. Providence Washington InsuranceSupreme Court of Pennsylvania· 1896-05-11· cited 11×
- Lancashire Ins. Co. of Manchester v. BarnardEighth Circuit· 1901-10-21· cited 8×
- Earley v. Mutual Fire InsuranceSupreme Court of Pennsylvania· 1897-01-04· cited 4×
- Siegel v. Ohio Millers' Mut. Fire Ins.Eighth Circuit· 1928-12-04· cited 4×
- Rice v. Palatine InsranceSuperior Court of Pennsylvania· 1901-05-22· cited 2×
- Hess v. Hartford Fire InsuranceSuperior Court of Pennsylvania· 1909-02-26· cited 2×
Cites
4 cases in this archive are cited by this case.
- Buckley v. GarrettSupreme Court of Pennsylvania· 1864-02-01· cited 9×
- Crawford County Mutual Insurance v. CochranSupreme Court of Pennsylvania· 1879-01-06· cited 6×
- Farmers' Mutual Fire Insurance v. MoyerSupreme Court of Pennsylvania· 1881-03-17· cited 6×
- State Insurance Co. of Missouri v. ToddSupreme Court of Pennsylvania· 1877-02-05· cited 5×
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