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DURSIE v. AMERICAN UNION INSURANCE COMPANY NEW YORK (03/24/66)

decided: March 24, 1966.

DURSIE
v.
AMERICAN UNION INSURANCE COMPANY OF NEW YORK, APPELLANT



Appeal from judgment of Court of Common Pleas of Allegheny County, July T., 1961, No. 733, in case of Leona Dursie, also known as Leona Dursi, and Redevelopment Authority of Allegheny County v. American Union Insurance Company of New York.

COUNSEL

William T. Creehan, with him White, Jones and Gregg, for appellant.

Allen S. Gordon, with him Sylvan Libson, for appellees.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Watkins, J., in suport of affirmance. Ervin, P. J., and Wright, J., join in this opinion. Opinion by Montgomery, J., in support of reversal. Jacobs and Hoffman, JJ., join in this opinion.

Author: Per Curiam

[ 207 Pa. Super. Page 241]

The six judges who heard the argument of this appeal being equally divided in opinion, the judgment of the court below is affirmed.

Disposition

Judgment affirmed.

Opinion by Watkins, J., in support of affirmance:

This is an appeal from the judgment of the Court of Common Pleas of Allegheny County in favor of Leona Dursie, also known as Leona Dursi, and Redevelopment

[ 207 Pa. Super. Page 242]

Authority of Allegheny County, plaintiffs-appellees, and against American Union Insurance Company of New York, the defendant-appellant, in the sum of $7900 for a fire loss under a case stated. The facts are succinctly stated in Judge Legnard's opinion below.

"On March 12, 1959, the plaintiff Authority adopted a resolution condemning plaintiff Dursie's real estate. On October 29, 1959, a confirming resolution was passed. On December 23, 1959, plaintiff Authority filed a bond which was approved by Order of this Court, and plaintiff Authority was authorized to enter into possession of the premises. On April 19, 1960, while the fire insurance policies hereinbefore mentioned were still in full force and effect, the five insured dwellings were completely destroyed by fire. The actual cash value of the five dwellings at the time of the loss was $7900. On August 8, 1961, the Board of Viewers of Allegheny County awarded plaintiff Dursie the sum of $10,175 for the taking of her real estate and in consideration ...


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