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DONOVAN v. NEW YORK CASUALTY COMPANY (02/13/53)

February 13, 1953

DONOVAN, APPELLANT,
v.
NEW YORK CASUALTY COMPANY



Appeal, No. 127, Jan. T., 1952, from judgment of Court of Common Pleas of Lackawanna County, Sept. T., 1951, No. 970, in case of Dr. William M. Donovan v. New York Casualty Company. Judgment affirmed.

COUNSEL

Raymond T. Law, for appellant.

James W. Scanlon, with him David J. Conroy, for appellee.

Before Stern, C.j., Stearne, Jones, Bell, Chidsey and Musmanno, JJ.

Author: Bell

[ 373 Pa. Page 145]

OPINION BY MR. JUSTICE BELL

Plaintiff appeals from a judgment which sustained defendant's preliminary objections to a complaint in assumpsit.

[ 373 Pa. Page 146]

Plaintiff brought an action in assumpsit upon a policy of comprehensive personal liability insurance issued by the defendant company to Margaret Donovan on January 15, 1946. The policy included coverage of the personal liability risk at premises located at 302-304 Pittston Avenue, Scranton, Pa., for a term of three years.

The named insured, Margaret Donovan, died testate October 6, 1948, devising the premises to the plaintiff, her son, who on or about November 10, 1948, notified a general agent of the company of his succession to the property and requested that the policy be endorsed to name him as insured. The policy was not endorsed to note the change.

On November 26, 1948, the company issued a renewal policy on the same risk to commence on the expiration date of the old policy, January 15, 1949, and again named Margaret Donovan as insured.

On December 21, 1948, one William Murray Donovan, Jr., sustained personal injuries in a fall in front of the insured premises, and thereafter recovered a verdict and judgment of $3,000. against the owner of the property, who is the present plaintiff.

Due notice was given the casualty company of the accident, and an investigation was made by it. The company refused to assume liability or ...


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