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DALE v. MUT. FIRE INS. CO. of HUMMELSTOWN

376 Pa. 470 (1954)

Dale v. Mutual Fire Insurance Company of Hummelstown, Appellant.

Supreme Court of Pennsylvania.

March 22, 1954.

Attorney(s) appearing for the Case

John G. Love, with him Roy Wilkinson, Jr., and Love & Wilkinson, for appellant.

Edward L. Willard, with him Willard & Dunaway, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, CHIDSEY and MUSMANNO, JJ.

OPINION BY MR. JUSTICE JONES, March 22, 1954:

The question in this case is whether the insured plaintiff's admitted breach of his promissory warranty contained in a policy of fire insurance barred a recovery on the policy when the breach was not subsisting at the time a fire occurred and was not the proximate cause of the loss.

The defendant company issued its policy of insurance to the plaintiff, Dale, for a term...

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