Weisberger v. Western Reserve Insurance

Citations

• 250 Pa. 155
• 95 A. 402
• 1915 Pa. LEXIS 921

Syllabus

<p>Insurance — Fire insurance — Policy — 0onsiruction — Proof of loss — Requirements—Inventory—Transfer of title — Sheriff’s sale.</p> <p>1. Provisions in a policy of fire insurance are to be strictly construed as against tbe insurer.</p> <p>2. A requirement in a policy of fire insurance, that the insured shall furnish proof of loss within sixty days after a fire, is sufficiently complied with by proper papers filed, showing the necessary elements of proof, although not containing any inventory of the property lost, where the only provision as to an inventory was that the insured should “separate the damaged and undamaged personal property, put it into the best possible order, make a complete inventory of the same, stating the quantity and cost of each article and the amount claimed thereon,” where it appears as a part of the proof of loss that the building and contents were totally destroyed, and there was no damaged or undamaged property, of which an inventory could be made. The fact that plaintiff, upon subsequent demand, furnished an inventory of the lost articles, although after the time limit had expired, is pot material as bearing upon the construction of the contract.</p> <p>3. Where insurance covers the stock of merchandise in a store, and the goods are intended for sale, the condition for the avoidance of the policy, by reason of a clause prohibiting change of ownership or possession, does not apply where title is regained before the occurrence of a loss by fire, the policy being not forfeited but only suspended during the temporary failure of ownership.</p> <p>4. Where insurance covers a stock of merchandise in a store, and it is levied upon and sold to an execution creditor at sheriff’s sale, and prior to a fire, the goods not having been removed from the store, and the execution defendant repurchases them, the policy is not avoided by the sheriff’s sale.</p>