Southern Building & Loan Ass'n v. Pennsylvania Fire Insurance

Citations

• 23 Pa. Super. 88
• 1903 Pa. Super. LEXIS 20

Syllabus

<p>Insurance — Fire insurance — Service of process — Jurisdiction—Action.</p> <p>An owner of a policy of fire insurance may bring his action for the recovery of a loss against the insurance company in any county in the commonwealth in which he can secure such a service as will bring the defendant legally into court, irrespective of the location of the property destroyed.</p> <p>Practice, G. P. — Appearance—Affidavit of defense — Service of process.</p> <p>Where a person describing himself as the attorney of a fire insurance company which is a party defendant, makes a full and elaborate affidavit of defense invoking every form of legal defense, except irregularity of service of summons, the company cannot afterwards allege that an appearance filed by such person was an appearance de bene esse for the purpose of having the servicéof the summons set aside.</p> <p>Pleading — Inconsistent pleas — Plea in abatement — Plea in bar.</p> <p>A plea in abatement cannot be pleaded at the same time with a plea in bar. When they are filed together the plea in abatement will be stricken off.</p> <p>Insurance — Fire insurance — Proofs of loss — Waiver.</p> <p>Where a person alleged to be the general ágent of a fire insurance company is served with a paper purporting tobe a proof of total loss, and the paper is transmitted to the company, and thereafter an adjuster from the company proceeds to adjust the loss, but stops the adjustment on the ground that'lie had discovered a transfer of title by the insured, the question whether the company has waived more complete proofs of loss, is for the jury.</p> <p>Insurance — Fire insurance — Mortgage—Notice of change of title.</p> <p>A mortgagee holding fire insurance policies on the mortgaged premises is not affected by a failure of the mortgagor, the insured, to give'notice to the insurance company thathas transferred the premises to his wife. The mortgagee can only be called upon to give such notice after acquiring knowledge of the fact of