Howland v. Home Insurance Co. of New York

Citations

• 67 Pa. Super. 276
• 1917 Pa. Super. LEXIS 385

Syllabus

<p>Judgment — Opening judgment — Service on an insurance company — Ignorance of suit by officers — Discretion.</p> <p>Where a judgment has been entered for want of an appearance and affidavit of defense against an insurance company served through the insurance commissioner of the Oommonwealth, such judgment will be opened where the defendant shows to the court a good defense upon the merits, and further shows that the iiisiirsjiice commissioner had duly forwarded the summons to the home office of the company, that when the summons reached the office it was improperly filed and mislaid by a clerk, and that no knowledge of it came to the officers of the company until after an execution had been issued. In such a case the court cannot be convicted of an abuse of discretion im opening the judgment.</p>