Vanderslice v. Royal Insurance

Citations

• 9 Pa. Super. 233
• 1899 Pa. Super. LEXIS 13

Syllabus

<p>Insurance policy — Fraudulent assignment — Pleading—Sufficient statement — Question for jury.</p> <p>Insurance policies are not negotiable documents and the company owes a clear duty to the owner of such policies not to pay return premiums without taking sufficient precaution against fraud and when sufficient allegation of such negligent payment on fraudulent assignments is set out in plaintiff’s statement the case must be submitted to the jury.</p> <p>Negligence — Rule as to innocent parties.</p> <p>The rule governing loss by one of two innocent parties has no application in cases where the two persons are not equally without fault, or where one owes a duty to the other, to do or to refrain from doing, a particular thing, and has failed in the performance of his duty.</p>