Tamarin v. Insurance Co. of North America

Citations

• 68 Pa. Super. 614
• 1918 Pa. Super. LEXIS 151

Syllabus

<p>Insurance — Baggage insurance — Theft—Pilferage—Words and phrases.</p> <p>Where an insurance policy insures trunks and samples of merchandise “against any and all the risks and perils of fire, lightning, navigation and transportation,” and further “covers theft in transit of an entire shipping package, excluding all pilferage” and excluding the risk of “theft of samples of jewelry or similar valuables,” no recovery can he had for the theft of a fur overcoat taken from one of the trunks, although such coat had been placed in a canton flannel bag to prevent soiling, and for convenience in carrying for purposes of exhibition. The bag is, not a shipping package within the meaning of the policy.</p> <p>The word “pilferage” must be construed as having been used in the sense of filching; of taking a small part only, rather than the whole; of stealing privily.</p>