Yeier v. Camden Fire Insurance

Citations

• 66 Pa. Super. 571
• 1917 Pa. Super. LEXIS 317

Syllabus

<p>Affidavit of defense — Practice—Affidavit by agent of fire insurance company — Insufficiency of statement.</p> <p>In an action on a policy of fire insurance an affidavit of defense filed by a person who describes himself as a special agent of the defendant; “having knowledge of the necessary facts hereinafter set forth” is insufficient inasmuch as the defendant does not set forth whether the facts averred are within his personal knowledge or stated on information received from some other person or source.</p> <p>In an action on a fire insurance policy the statement of claim is insufficient to require an affidavit of defense, which merely sets forth the loss or an .amount stated, where the policy attached to the statement shows that plaintiff cannot recover an amount greater than three-fourths of the actual cash value of the property destroyed; the cash value of the property must be averred.</p>