Fidelity Mutual Fire Insurance v. Vitale

Citations

• 10 Pa. Super. 157
• 1899 Pa. Super. LEXIS 253

Syllabus

<p>Insurance assessments — Presumption of regularity — Sufficiency of affidavit.</p> <p>The presumption of law is in favor of the regularity of the proceedings to assess and the legality of the assessment by a mutual insurance company, and this presumption cannot be overcome by a general indefinite denial. General averments of matters which in themselves are legal conclusions from facts not stated are insufficient to carry the case to the jury.</p> <p>Practice, O. P. — Affidavit of defense — Certificate of assessment — Act of 1876.</p> <p>Under the Act of May 1, 1876, P. L. 53, a certificate of assessment is made prima facie evidence thereof. It is enough for the declaration to state a cause of action; it need not contain matters of evidence that may become necessary on trial should an affidavit be filed by which the probative force of the certificate is lost. The affidavit must exhibit everything necessary to a defense against the liability set forth in the declaration.</p>