International Savings & Trust Co. v. Kleber

Citations

• 29 Pa. Super. 200
• 1905 Pa. Super. LEXIS 295

Syllabus

<p>Insurance — Mutual insurance — Receiver—Assessments—Collateral attack— Parties.</p> <p>Assessments levied by the court after the appointment of a receiver of a mutual insurance company, are conclusive, both as to their necessity and amount, and cannot be questioned in either respect in a collateral proceeding to recover same from a policy holder whose duty it is to pay to the company the proportionate share of losses incurred up to the time of his withdrawal.</p> <p>It is not necessary that the members of a mutual insurance company should be made parties defendant in a bill in equity asking for the appointment of a receiver of the company. The company itself is a sufficient party defendant.</p> <p>Where the insurance commissioner has actual notice of a proceeding against a mutual insurance company for the appointment of a receiver, and has assented to the proceeding, it is not necessary that he should be made a party to the suit.</p> <p>Appeals — Paper-books—Assignments of error — Statement of question involved.</p> <p>The assignments of error and statement of question involved should set forth the grounds upon which the appellant complains of the action of the court below, so that the appellate court will not be compelled to go to the argument of counsel to ascertain the grounds of the appeal.</p>