Yeier v. Scottish Union & National Insurance

Citations

• 63 Pa. Super. 264
• 1916 Pa. Super. LEXIS 148

Syllabus

<p>Judgment — Opening judgment — Insurance.</p> <p>A rule to open a judgment entered in a suit on a policy of fire insurance for want of an affidavit of defense, will not be opened, where the person who makes the application describes himself as the adjuster and agent of the defendant, and avers that although he had caused an appearance to be entered for the defendant, and had received a copy of the statement of claim, he had overlooked the subject, or that it was not so impressed upon his mind that he had any recollection of the transaction. The appellate court will not review the discretion of the lower court in refusing relief in such a clear case of inattention not excused, or accounted for.</p>