240 Pa. 412 | Pa. | 1913
Opinion by
At the trial defendant asked for binding instructions which were refused, and then filed motions for judgment non obstante veredicto and for a new trial upon which rules to show cause were granted. Both rules were discharged and judgment upon the verdict in favor of plaintiff was entered. There are two assignments of error and these assignments raise the questions above indicated. The main contention of the appellant is that under the evidence a verdict should have been directed for the defendant. The policy of insurance upon which suit was brought is of the standard form and it is argued with much force that the provisions of the policy relating to proofs of loss were not complied with and that failure to strictly comply with the requirements of the contract of insurance in this respect defeats the right to recover in the present action. The clause of the policy in question is as follows: “If fire occur, the insured shall give immediate notice of any loss thereby in writing to this company, protect the property from further damage, forthwith separate the damaged and undamaged personal property, put it in the best possible order, make a complete inventory of the same, stating the quantity and cost of each article, and the amount claimed thereon, and within sixty days after the fire, unless such time is extended in writing by this company, shall render a statement to this company, signed and sworn to by the said insured stating the knowledge and belief of the insured, as to the time and origin of the fire, the interest of the insured and of all others in the property, the cash value of each item thereof, and the amount of loss thereon.” It is contended for appellant that the object of the clause just quoted is to secure a full statement of the loss so that the company may have notice and the necessary opportunity to test its correctness. This may be conceded without denying appellee the right to recover in the present case. The evidence shows that the insured after the fire did separate the damaged
What is said in this case applies to Nos. 292, 293, 294, 295 and 296. The same judgment may be entered in each of these cases. Judgment affirmed.