Woodward v. Pittsburg Underwriters

Citations

• 40 Pa. Super. 143
• 1909 Pa. Super. LEXIS 581

Syllabus

<p>Insurance — Fire insurance — Ovmership of property.</p> <p>In an action upon a policy of fire insurance, it appeared that the policy was taken out in the name of two men as partners. The policy provided that in determining the liability of the company the total insurance, whether valid or not, was to be taken into consideration. The goods were also insured in another company. One of the partners retired and assigned his interest to the plaintiff. The defendant company indorsed upon its policy its consent to the transfer, but no such consent was obtained from the second company. After a fire the plaintiff submitted to the second company a proof of loss in which it was stated that the property belonged to the partnership. In the proof of loss submitted to the defendant company it was stated that it partly belonged to the plaintiff. Held, that the false statement made to the second company did not relieve the defendant company from its liability on the policy.</p>