Farmers' & Breeders' Mutual Reserve Fund Live Stock Ins. v. Beck

Citations

• 66 Pa. Super. 528
• 1917 Pa. Super. LEXIS 310

Syllabus

<p>Insurance — Live stoclc insurance — Alienation of property — Termination of policy — Payment of premium.</p> <p>Where a policy of live stock insurance requires the payment of a' premium when the policy is delivered, and quarterly thereafter during the five years the policy is to continue, and further provides that alienation of the stock will render the policy void, and certain stock is insured for three months, but before the expiration of this time the stock is sold, the-policy is terminated upon such sale, both as to the insured and the insurer, and the insured is not liable to pay any other premium or assessment thereafter.</p> <p>Where an insurance company is authorized to do business both on a cash and assessment basis, when one insures on a cash-basis, he is not a member but simply an insured.</p> <p>Where a live stock insurance policy has become void by the alienation of the stock insured, the mere fact that the policy has not been surrendered to the company for cancellation will not render the insured liable for premiums accruing after the alienation of the stock.</p> <p>In an action to recover premiums alleged to be due on a live stock insurance policy, an affidavit of defense is sufficient to prevent judgment which alleges that gfc the time the defendant accepted the application and the policy, the company’s agent misrepresented its contents; that the application was procured by fraudulent conduct; and that the policy did not represent the policy the defendant understood and believed he was getting.</p> <p>Appeals — Affidavits of defense — Discharge of rule.</p> <p>The act permitting appeals from an order discharging a rule for judgment for want of a sufficient affidavit of defense was intended to reach only clear eases of law, and in doubtful cases, especially those requiring broad inquiry into facts, the matter in controversy should go to the jury.</p>