Thomas v. Western Insurance

Citations

• 5 Pa. Super. 383
• 1897 Pa. Super. LEXIS 259

Syllabus

<p>Insurance — Agency for the company.</p> <p>An insurance agent or broker must be considered the agent of the company when the evidence shows that he was acting by express authority of the company ; that he was authorized to deliver the policy of insurance, and to receive and receipt for the premiums.</p> <p>Fire insurance — Total loss — Nonessentials in proofs of loss.</p> <p>Where a building covered by a policy of insurance has been totally destroyed by fire, the proofs of loss need not set forth the amount of property saved or the value of the debris where there is no provision in the policy requiring it; and where the policy contains a provision that if the company requires it plans and specifications of the building destroyed or damaged shall be furnished, the proofs need not contain the plans and specifications of the building or a detailed statement of the quantity or quality of the lumber used in its construction, unless the same be specifically requested.</p> <p>Proofs of loss — Itemized value — Substantial performance:</p> <p>It would seem that in a policy covering machinery, belting, tools, etc., proofs of loss are not necessarily defective which describe the different articles, giving their condition and the time they had been used, but instead of specifying the value of each, give only the total value.</p> <p>If the proofs seem, as to any particular lot or class of goods, to bewanting in clearness and precision, the attention of the assured should be called thereto and such further information asked for as is fairly necessary to an ascertainment of the loss.</p> <p>The law does not require the performance of useless things nor favor the arbitrary imposition of useless burdens. Substantial performance is enough.</p> <p>Entirety of contract — Mistake as to items in proofs of loss.</p> <p>Where an insurance contract is in its terms entire, a provision that a violation will avoid the entire contract will have that effect, but proofs of loss are no part of