Stainer ex rel. Northampton County Building & Loan Ass'n v. Royal Insurance

Citations

• 13 Pa. Super. 25
• 1900 Pa. Super. LEXIS 107

Syllabus

<p>Insurance — Proof of loss by assignee of policy — Act of 1883.</p> <p>The Act of June 27, 1883, P. L. 165, was intended to avoid a number of technical defenses which had theretofore been plentifully made as to the character and time of the furnishing of proofs of loss, and this act provides that where a policy of insurance is held by the assured or an assignee of the same as collateral security, the proofs of loss can be made either by the assured or the assignee.</p> <p>The equitable assignee of an insurance policy held by him as collateral security for a bond and mortgage may therefore make proofs of loss.</p> <p>Insurance — Waiver of proof of loss.</p> <p>Where no objection was made or exception taken to the proofs of loss as furnished by the use plaintiff any informality therein whether as to form or the party making them must be taken as waived.</p> <p>Insurance — Forfeiture by reason of foreclosure.</p> <p>The entry of judgment on a bond accompanying a mortgage and the sale of the property is not a foreclosure which gave the defendant the benefit of that, condition in the policy which worked a forfeiture “if with the knowledge of the insured, foreclosure proceedings be commenced or notice given of the sale of any property covered by this policy by virtue of any mortgage or trust deed.” It follows that a sale on the bond accompanying a mortgage does not work a forfeiture under the above clause when the premises are destroyed by fire between the date when they were advertised under the fi. fa. and the date of sale.</p> <p>Amendment of irregular pleadings — Statute of amendments.</p> <p>Where pleadings are irregular and imperfect but not necessarily defective the court must, if possible, give such effect to them and operation to the statute of amendments as will secure a trial upon the merits, provided it lead to results that will not prejudice the defendant and may subsequently be pleaded as an adjudicated determination of the litigated matters, if any other