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

Citations

• 65 Pa. Super. 347
• 1916 Pa. Super. LEXIS 82

Syllabus

<p>Insurance — Live stock insurance — Failure to pay loss — Premiums — Rescission—Cancellation—Time of suit.</p> <p>1. In a mutual policy of insurance, the refusal, without right, to pay loss occurring under a policy of insurance, may, at the option of the insured, be treated as an avoidance or rescission of the contract, and entitle the insured to recover damages for such repudiation.</p> <p>2. Where a policy of insurance provides that an insurer shall, within sixty days approve the loss, if the company fails to act on a claim for loss within that time, it will be deemed to have abandoned or waived this feature of its contract.</p> <p>3. An insurance company which collects a stipulated amount quarterly for the insurance on eight separate horses, under one policy, cannot obtain judgment for want of a sufficient affidavit of defense for premiums alleged to be due, when the company itself has failed to pay a loss due on the policy, when the policy was in full force and effect, and the insured has notified the company that he had elected to cancel the policy.</p>