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ROBERT C. PRUSER v. STATE FARM FIRE & CASUALTY CO. (04/10/81)

filed: April 10, 1981.

ROBERT C. PRUSER, APPELLANT,
v.
STATE FARM FIRE & CASUALTY CO.



No. 2067 October Term, 1979, Appeal from Order of the Court of Common Pleas, Civil Action-Law, of Clinton County, No. 353 of 1979.

COUNSEL

Lee H. Roberts, Lock Haven, for appellant.

Larry E. Coploff, Lock Haven, for appellee.

Spaeth, Hester and Cavanaugh, JJ.

Author: Hester

[ 286 Pa. Super. Page 127]

This is an appeal from an order of the Court of Common Pleas of Clinton County granting appellee's motion for a

[ 286 Pa. Super. Page 128]

    compulsory non-suit. The procedural history and facts relevant to the issues on appeal are as follows:

On July 10, 1978, appellant purchased an insurance policy from appellee covering unscheduled personal property in the sum of $15,000 and additional living expenses in the sum of $3,000. This coverage is known as a "tenant's policy" for the reason that the coverage extends only to the contents of the insured's residence. The premium in the sum of $61.00 was tendered the same day. At that time, the personal property being insured was located at a residence in Wayne Township, which was being leased from a Charles Corcelius.

In September, 1978, appellant vacated that residence and placed his furniture in a steel building owned by a Mr. and Mrs. Haagen located in Lamar Township. Later, appellant moved on January 15, 1979, to a residence owned by a Mabel Macklem situate in Wayne Township, and the unscheduled personal property was moved to that residence.

On February 10, 1979, a fire occurred which totally destroyed the personal property in question. Although appellant testified that he attempted on several occasions to notify the insurance agent of his change in address, he never did actually notify the company.

Upon notification of the loss, appellee offered to pay appellant the sum of $1,500.00. Appellant filed suit, proceeded to trial, and after presenting the liability portion of his case, the trial court granted appellee's motion for compulsory non-suit. This timely appeal followed.

Appellant contends the trial court abused its discretion by finding that the insurance policy did not cover the personal property loss under its terms. The ...


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