Whitmore v. Dwelling House Ins.

Citations

• 148 Pa. 405
• 23 A. 1131
• 1892 Pa. LEXIS 996

Syllabus

<p>Notice by mail — Deposit of letter in post office — Presumption of receipt.</p> <p>It is well settled that the fact of depositing in the post office a properly addressed, prepaid letter raises a natural presumption, founded on experience, that it reached its destination by due course of mail; in other words, it is prima l'aeie evidence that it was received by the person to whom it was addressed, but that prima facie proof may be rebutted by evidence showing that it was not received.</p> <p>Insurance — Sufficiency of proofs of loss.</p> <p>When a statement of loss is furnished within the stipulated time, and there is nothing to show that it was not in good faith intended as a compliance with the terms of the policy, it is the duty of the underwriter, if it means to roly upon failure to comply, to give prompt notice of its objection, specifying the defects therein, in order that the insured may have an opportunity of correcting them. Failure to so return the statement is some evidence for the jury of a waiver of strict compliance: Gould v. Dwelling House Ins. Co., 184 Fa. 570.</p> <p>Insurance — Ownership of insured property — Question of fact.</p> <p>The defence was set up to an action on a policy that plaintiff was not the solo and unconditional owner of the land on which the house insured stood. There was evidence tending to show that by an amicable agreement with his coheirs, plaintiff became sole owner of that portion of the land on which the house in question was erected. The testimony was conflicting.</p> <p>Held, that the question involved, being one of fact and having been properly submitted to the jury, their finding in favor of the plaintiff was conclusive.</p>