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PUGH v. COMMONWEALTH MUT. FIRE INS. CO. OF PENN.

No. 10514.

195 F.2d 83 (1952)

PUGH v. COMMONWEALTH MUT. FIRE INS. CO. OF PENNSYLVANIA.

United States Court of Appeals Third Circuit.

Filed March 13, 1952.

Attorney(s) appearing for the Case

J. Webster Jones, Philadelphia, Pa., for appellant.

M. Stuart Goldin, Philadelphia, Pa. (Abe. J. Goldin, Goldin & Goldin and Levi, Mandel & Miller, all of Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and STALEY, Circuit Judges.

KALODNER, Circuit Judge.

Where a policy of fire insurance contains an endorsement that its terms and conditions at the time of any loss will be the same as the terms and conditions of a policy of co-insurance previously issued on the same property, is the second insurer relieved of liability by virtue of the fact that it received a smaller premium than its co-insurer?

That is the question presented by the instant appeal by the Commonwealth Mutual Fire Insurance...

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