Strunk v. Firemen's Ins.

Citations

• 160 Pa. 345
• 34 W.N.C. 193
• 28 A. 779
• 1894 Pa. LEXIS 813

Syllabus

<p>Fire insurance• — Notioe of vacation of premises — Agents—Evidence.</p> <p>Where a policy of fire insurance provides that the company shall not be liable for loss if the premises hereby insured become vacated by the removal of the owner or occupant without immediate notice to the company and consent indorsed thereon,” notice of vacancy must be given within a reasonable time, and after vacancy followed by notice in a reasonable time the policy remains in force until consent is refused by the insurer.</p> <p>In such a case immediate notice must be construed to mean notice within a reasonable time in view of the circumstances and position of the party. What would be reasonable time when the parties have ready means of communication might be very unreasonable if applied to parties without such means of communication.</p> <p>A house insured under a policy containing a provision as above was occupied by a tenant, who moved out on April 4th. On the same day plaintiff requested her husband to go to a town, thirteen miles distant, and give notice of the vacation of the house to the agent who had jfiaced the insurance,and who, until a month previous, had been the agent of the company. Plaintiff believed that he still represented the company, and the agent did not notify her husband to the contrary when the latter called April 6th, but agreed to give the necessary notice, and obtain the consent desired. Accordingly, on the following day, he called on an insurance agent who had business relations with the state agent of the company, who lived at Philadelphia, and requested him to notify the company. The insurance agent wrote to Ih’e agent at Philadelphia on the 8th, and his Tetter was received on the 9th. The agent at Philadelphia at once replied, refusing a permit. The house was destroyed by fire on the 8th. Held,:</p> <p>1. That plaintiff had acted with reasonable promptness in giving notioe.</p> <p>2. That while the failure of the agent who had placed the insurance to not