Weiler v. Lancaster County Mutual Insurance

Citations

• 50 Pa. Super. 249
• 1912 Pa. Super. LEXIS 37

Syllabus

<p>Insurance — Fire insurance — Additional insurance — Failure to notify company.</p> <p>1. In an action on a policy of fire insurance for $1,000, the plaintiff is not entitled to recover, where it appears that the policy provided that notice of other insurance must be indorsed on the policy, otherwise the insurance would be void; that the plaintiff at the time the policy in suit was issued to him had already $3,000 of insurance in the defendant company; that he requested $4,000 additional insurance which was refused, and only $1,000 granted to him; that he told the secretary of the company that he would secure $3,000 of additional insurance in other companies, and that he subsequently took out $5,500 additional insurance in other companies of which he gave the defendant company no notice.</p> <p>2. In such a case the fact that the secretary of the company knew that the plaintiff contemplated taking out additional insurance is not inconsistent with the covenant of the policy that such additional insurance when taken out, should be indorsed upon the policy. The burden is upon the insured to establish by evidence that the company had waived the condition of the policy or was estopped to assert it.</p>