The Germania Fire Insurance Co. v. Pitcher

• Decision Date: 08 April 1903
• Docket Number: 19,863
• Citation: 64 N.E. 921,160 Ind. 392
• Parties: The Germania Fire Insurance Company v. Pitcher
• Court: Indiana Supreme Court

64 N.E. 921

160 Ind. 392

The Germania Fire Insurance Company v. Pitcher

No. 19,863

Supreme Court of Indiana

April 8, 1903

Original Opinion of October 14, 1902, Reported at: 160 Ind 392.

OPINION

PER CURIAM.

Appellant has filed a petition for a rehearing in this case.In the brief of counsel in support of the motion there seems to be no serious contention that the result was wrong, but exception is taken to the following sentence in the opinion "If the assured regards his damage as amounting to a certain sum, and will not take less, while the company refuses to give that sum, it but remains to submit the contention to the courts."The opinion had to do with a case where it prima facie appeared that the company had thrown the assured off her guard until it was too late to comply with the condition.The court did not have before it a case of a mere division of opinion between the parties that resulted in a refusal of...