Hey v. Guarantors' Liability Indemnity Co.
Hey v. Guarantors' Liability Indemnity Co.
Opinion of the Court
Opinion by
The policy in suit, contains two distinct contracts of insurance. In the one on which the claim in this case is made the company agreed to indemnify the plaintiff against all loss arising from any accidental damage to or destruction of his stone mill and warehouse, machinery and stock, stable and other outbuildings located at No. Ridge avenue, Manayunk, Phila., “ excepting only damage or destruction by fire or lightning.” The insurance was for one year from June 22, 1895. On February 6, 1896, “by reason of a sudden rise of the water in the Schuylkill river ” certain property in the buildings mentioned consisting of machinery, stock, etc., was damaged, destroyed or carried' away by the waters which came in and upon the buildings. The plaintiff in his statement of claim specified the items of damage and the amount thereof.
The company in its affidavit of defense disclaimed liability for the loss, alleging as grounds for the disclaimer that it did not arise from accidental damage to or destruction of the buildings, machinery, stock, etc., and that the plaintiff did not state in his application for insurance that the property insured was on the bank of the Schuylkill river. The company also averred in its affidavit of defense that the amount claimed in the plaintiff’s statement was an overestimate of his loss, and that there should be deducted from it the sum of $2,176.21. The plaintiff agreed to the deduction claimed, and the court, having made it, entered judgment for the balance. If there was no misrepresentation or concealment which vitiated the contract, and the language of the latter fairly includes and imposes a liability for the loss caused by the flood or freshet, the judgment should be sustained. The defendant company’s main contention is that damage to or destruction of property by a flood is not accidental
The company is presumed to know that which is obvious in regard to the property insured, including the natural perils to which it is exposed: Western & Atlantic Pipe Lines v. Home Insurance Co., 145 Pa. 346, and Louck v. Orient Insurance Co., 176 Pa. 638. In the absence of express stipulation, and where no inquiry is made, a failure to state facts known to the insurer or his agent or which he ought to know is no concealment. The insurers are presumed to be skilled in their business and to know those general facts which are open to the public and may be known to all who are interested to inquire: May on Insurance, sec. 207. Armenia Fire Ins. Co. v. Paul, 91 Pa. 520, and Dwelling House Insurance Co. v. Hoffman, 125 Pa. 626 are to the same effect. In the case in hand there was no concealment or misrepresentation by the assured. The hazards affecting liability to the public related to another branch of the indemnity promised by the insurer and obviously had no connection with the contract in question. Our conclusion is that there was nothing in the affidavit of defense which constituted a complete or partial defense to the action, and-that the judgment appealed from was properly entered.
Judgment affirmed.
Reference
- Full Case Name
- Robert H. Hey, trading as Richard Hey & Son v. Guarantors' Liability Indemnity Co. of Pennsylvania
- Cited By
- 15 cases
- Status
- Published
- Syllabus
- Insurance — Definition of accident. An accident is an unusual or unexpected result attending the operation or performance of a usual or necessary act or event. The exception in a policy of insurance of one from a number of like causes of damage to or destruction of property is a recognition by the insurer of its liability for loss arising from other causes of the same nature. An insurance company is presumed to know that which is obvious in regard to the property insured, including the natural perils to which it is exposed. In the absence of express stipulation and where no inquiry is made, a failui’e to state facts known to the insurer or his agent, or which he ought to know, is no concealment. The insurers are presumed to be skilled in their business, and to know those general facts which are open to the public, and may be known to all who are interested to inquire. An insurance company agreed to indemnify the insured against all loss arising from any accidental damage to or destruction of a stone mill and warehouse, etc., “ excepting only damage to or destruction by fire or lightning.” The property wasinjured “by reason of a sudden rise of the water ” in a river upon which the property was situated. In an action upon the policy the insurance company filed an affidavit of defense in which it averred that the injury did not arise from accidental damage to or destruction of the buildings, and that the insured did not state in his application for insurance that the property insured was on the bank of a river. Held, (1) that the destruction of the building by flood or freshet was accidental and within the terms of the policy; (2) that the insurance company must be presumed to have known the situation of the property and the natural perils to which it was exposed; (8) that the insured was guilty of no concealment or misrepresentation in not stating in his application that the property was on the bank of a river; (4) that the affidavit of defense was insufficient to prevent judgment.