Weiss v. American Fire Insurance

Citations

• 148 Pa. 349
• 23 A. 991
• 1892 Pa. LEXIS 985

Syllabus

<p>Fire insurance — Policy — Condition against incumbrances — Condition against foreclosure.</p> <p>A condition in a policy that the assured shall not “ incumber the property without the consent of the company indorsed hereon,” is not broken by the fact that the insured allowed judgments to be entered against him, which became lions on the property insured, provided the total amount of incumbrance is no greater than when the insurance was effected.</p> <p>A condition that if any change take place in the title of the property, “ or if foreclosure suit shall have been or be hereafter begun, or the title or possession be now or hereafter become in any way involved in litigation,” the policy shall bo void, is not broken by the issue of a scire facias sur mortgage. The scire facias is not a technical foreclosure within the meaning of the policy, nor is it a violation of its spirit, since there has been no alienation of title or change of possession and increased risk.</p> <p>Proofs of loss — Failure to furnish within time specified — Waiver.</p> <p>Where a policy required that proofs of loss should be furnished within thirty days from the date of the Are, and a total loss occurred, of which prompt notice was given to the company, which sent its agent and adjuster to investigate, and the company denied all liability under its policy and the adjuster attempted to settle, and on failing left, saying that he would be back in a short time, and afterward, thirty-nine days after the fire, formal proofs of loss were furnished to the company, which retained them for eighty-six days without any objection thereto,</p> <p>Held, That no advantage could be taken by the company of the failure to furnish proofs within thirty days.</p>