Gonder v. Lancaster County Mutual Fire Insurance

Citations

• 17 Pa. Super. 119
• 1901 Pa. Super. LEXIS 263

Syllabus

<p>Insurance — Mutual fire insurance — Assessments—Notice—Forfeiture.</p> <p>Where a policy of a mutual fire insurance company provides that if assessments are not paid after sixty days’ public notice, the insurance shall be suspended, and it appears that a policy holder had neglected to pay assessments after sixty days’ public notice, and after he had paid assessments of which he had personal notice on three other policies for other parties, of which he had charge, he cannot in an action for a loss incurred during his period of default aver as a ground for avoiding the forfeiture that he had no personal notice of the assessment. In such a case the policy holder was not only bound by the public notice, but it must be assumed that he had actual personal notice of the assessments. The fact that the policy was not formally marked void on the books of the company until after the fire, is immaterial.</p>