Bell Co. v. Monroe Hotel Co.

Citations

• 73 Pa. Super. 460
• 1920 Pa. Super. LEXIS 40

Syllabus

<p>Insurance — Fire insurance — Suit for premiums — Mortgagee clause — Statement of claim — Sufficiency—Affidavit of defense.</p> <p>In an action for insurance premiums, an affidavit of defense is sufficient which avers a payment made on account of premiums, together with a supplemental affidavit which avers the payment in full.</p> <p>On a rule for judgment for want of a sufficient affidavit of defense, such judgment must find its proper and only support in the statement of claim, which must distinctly aver a legal cause of action against the defendant.</p> <p>In an action against a mortgagee by an insurance broker company for premiums due on certain insurance policies containing mortgagee clauses, a statement averring failure of payment by the mortgagor, but which did not set forth that the plaintiff had paid the premiums to the insurance companies which issued the policies, and as a consequence, showed no support for any .application of the doctrine of equitable subrogation, is insufficient.</p>