Backenstoe v. Kline

Citations

• 31 Pa. Super. 268
• 1906 Pa. Super. LEXIS 204

Syllabus

<p>Insurance — Mutual insurance companies — Receiver—Appointment of receiver — Collateral attack — Act of June 23, 1885, P. L. 137.</p> <p>The appointment of a receiver of a mutual insurance company by the court of common pleas of Dauphin county under the Act of June 23, 1885, P. L. 137, cannot be attacked in a suit brought by a receiver against a policy holder to recover assessments; nor in such a case can the amount of the assessments as levied by the court be attacked by the defendant.</p> <p>A receiver of a mutual insurance company appointed by the common pleas of Dauphin county, may bring an action in his own name to recover assessments levied by the court.</p> <p>A canceled policy of a mutual insurance company is the same as an expired policy, and is liable to pay its share of losses up to the date of cancellation.</p>