Warmcastle v. Scottish Union & National Insurance
Warmcastle v. Scottish Union & National Insurance
Opinion of the Court
When this case was here before, 201 Pa. 302, it was held that a direct loss for damages from lightning was within the policy but loss from windstorm was not, and therefore it was incumbent on the plaintiff to distinguish between the two kinds of damage however difficult that might be. The only question now before us is whether the jury had sufficient evidence to enable them to make the distinction. We are of opinion that they had. At least one witness testified that the flash of light
Judgment affirmed.
Reference
- Full Case Name
- Warmcastle v. Scottish Union & National Insurance Company
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- 6 cases
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- Published
- Syllabus
- Insurance—Lightning—Windstorm—Evidence. In an action on a policy of insurance against a direct loss from lightning, but not from a windstorm, the case is for the jury where one witness testifies that a flash of lightning and the fall of a side wall of the building insured were simultaneous, and another testifies to the same thing as to the roof with the further fact that the material fell outward toward the wind.