160 Pa. 229 | Pa. | 1894
The fire insurance policy on which this suit is based contains this clause: “ Any member insuring in other companies covered in part by this company, his or her policy shall be considered sunk; provided the same is not approved by this company and indorsed on his, her or their policy, in which case this company shall be liable only to the payment of a ratable proportion of any loss or damage which may be sustained.” Dur
Without further reference to the testimony relied on by the plaintiff, it is sufficient to say that it was not such as the court would have been warranted in submitting to the jury on the question of either estoppel or waiver; and hence there was no error in directing a verdict for defendant. Viewing the evidence in its most favorable light, there is nothing in it that would have justified a verdict in favor of plaintiff. In principle, the case is similar to Bard v. Insurance Co., 153 Pa. 257, and other cases that might be cited.
Judgment affirmed.