Donald M. Bowman, Gold & Bowman, Philadelphia, for appellant.
J. Webster Jones, Philadelphia, for appellee.
Before Rhodes, P. J., and Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.
[ 175 Pa. Super. Page 388]
This comes to us on appeal from the refusal of the Municipal Court of Philadelphia to take off a compulsory non-suit.
The action was based upon a policy of collision insurance.
The undisputed facts are as follows: The defendant, through its duly authorized agent, Sneyd Underwriters Co., issued an insurance policy to the plaintiff, William C. Kobierowski, for comprehensive coverage of a 1942 Lincoln Sedan for a period of time from December 19, 1951 to December 19, 1952.
On January 16, 1952, plaintiff traded the said Lincoln Sedan for a 1947 Chevrolet Club Coupe. The defendant was duly notified of this transaction and issued an endorsement transferring the insurance coverage to the Chevrolet Club Coupe and added a provision for collision insurance with a Fifty ($50) Dollar deductible clause. Thereafter, on April 8, 1952,
[ 175 Pa. Super. Page 389]
plaintiff purchased a 1950 Chevrolet Sedan, for which he traded in his 1947 Chevrolet Club Coupe. The next day, April 9, 1952, plaintiff notified the defendant's agent, Sneyd Underwriters Co., by telephone of this new transaction and asked that a new endorsement be issued transferring his insurance coverages to the new car. The defendant insurance company was notified of the purchase of the 1950 Chevrolet Sedan and issued an endorsement transferring the insurance coverage to plaintiff's sedan.
On May 21, 1952, plaintiff's Chevrolet Sedan was almost completely demolished in an automobile collision. Immediately thereafter plaintiff notified the defendant insurance company and made demand for payment of damages, as set forth in his insurance policy and the endorsements attached thereto. The defendant, however, refused to pay anything to the plaintiff for the repair of his said automobile, claiming as its only basis for denial of liability that it had not been notified of an encumbrance against the 1950 Chevrolet Sedan held by the Willard Chevrolet Co. There was such an encumbrance.
The only disputed fact in issue at the trial was whether the insurance agency had been informed of the encumbrance. The plaintiff testified that he called the Sneyd Underwriters Company, dialing the telephone number appearing on the face of the ...