Farmers & Breeders Mutual Reserve Fund Live Stock Ins. v. Curran

Citations

• 65 Pa. Super. 352
• 1916 Pa. Super. LEXIS 83

Syllabus

<p>Insurance — Mutual insurance — Set-off-—Premiums—Act of April m, 1911, P. L. 70.</p> <p>Where a person admits the issuance and delivery to and receipt by him of a policy of insurance of a mutual insurance company, wherein he agrees to pay without notice a stated premium quarterly, until the expiration of the term, or the prior cancellation of the policy, and further admits the nonpayment of such premiums, and produces the uncancelled policy at the trial, and alleges as a sole ground of defense, a default by company, in paying losses thereunder, and the evidence is undisputed that the company had deducted the loss from the premiums due and was not in default, the company is entitled to binding instructions for the balance of premiums due, and upon submission of ease to and disagreement of jury, to judgment upon the whole record, under Act of April 20, 1911, P. L. 70.</p>