Pennsylvania Superior Court Reports Volume 17

Pennsylvania Superior Court Reports Volume 17

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ... up to a. written con tract are merged in the contract and are not to be controlled or affected by parol evidence of the understanding of the parties: De France v. De France, 34 Pa. 385; Phillips v. Meily, 106 Pa. 536; Thomas & Sons v. Loose, Seaman & Co., 114 Pa. 35. The question of waiver does not enter into this case. OPINION BY RICE, P. J., July 25, 1901: In the policy of accident insurance in suit the occupation of the plaintiff was described as " collector and constable (serving civil writs only)." The policy declared that it was "issued and accepted by the insured subject to the conditions upon the back " thereof and that "the terms are not waivable by agents, and any modifications thereof shall not be valid unless indorsed upon the policy by the president, vice president or secretary." One of the so-called conditions indorsed on the back and made part of the policy was as follows: " In case of injuries, fatal or otherwise, intentionally inflicted upon the insured (while sane or insane), by himself or any other person, the measure of the company's liability shall be a sum equal to the last premium paid, the same being agreed upon as in full settlement." The policy was issued on January 15, 1895 and was renewed for another year in January, 1896. In February, 1896, while the plaintifi was serving a civil process, the defendant therein intentionally_infiicted serious injury upon the plaintifi by committing upon him an aggravated assault and battery. The foregoing facts were undisputed and are set forth in the reservation of the question of law; and, subject to the court's decision of that question, the jury rendered a special verdict in which they found that the...
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Product details

  • Paperback | 278 pages
  • 189 x 246 x 15mm | 499g
  • United States
  • English
  • black & white illustrations
  • 1236840941
  • 9781236840943