AMERICAN E. ASSUR. CO. OF N.Y. v. MUSSOLINE


201 Pa.Super. 271 (1963)

American Equitable Assurance Company of New York v. Mussoline, Appellant.

Superior Court of Pennsylvania.

June 12, 1963.


Attorney(s) appearing for the Case

Conrad A. Falvello, for appellant.

George I. Puhak, with him Richard A. Kane, for appellee.

Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.


OPINION BY FLOOD, J., June 12, 1963:

This is an appeal from a judgment for the plaintiff on the pleadings in an action to recover back the amount paid to the defendant under a policy insuring him against the theft of a mink coat. The policy contains a clause entitling the plaintiff company upon payment of the loss to be subrogated "to all the Assured's rights of recovery against any person" and requires the insured "to do nothing after loss to prejudice such rights...

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