International Savings & Trust Co. v. Stenger

Citations

• 31 Pa. Super. 294
• 1906 Pa. Super. LEXIS 208

Syllabus

<p>Insurance — Mutual insurance — Assessments—Affidavit of defense — Practice, C. P. — Receiver.</p> <p>In an action by a receiver of a mutual insurance company to recover assessments an affidavit of defense is insufficient which merely avers that the policy was issued without authority of law, with no facts stated from which the truth of the averment can be determined; nor in such a case can the defendant who has accepted a policy from the company deny that the corporation was legally organized.</p> <p>A provision in a policy of mutual insurance that a neglect or refusal to pay the dues shall render the policy null and void, cannot be construed so as to relieve the insured from liability to pay losses after he had neglected or refused to pay his dues.</p> <p>A decree of a court having jurisdiction of the subject directing the receiver of an insolvent mutual insurance company to make assessments on policies to cover losses during the period of the policies, is conclusive as to the necessity and amount of the assessment, and cannot be questioned in either respect in any collateral proceeding.</p> <p>In an action against a member of an insolvent insurance company to recover assessments, the defendant cannot object that the action should have been brought in the name of the insurance commissioner.</p> <p>Insurance companies organized under the fourth paragraph of section one of the Act of May 1,1876, P. L. 53., are not required to have a guarantee capital.</p> <p>Corporations — Change of name — Meeting—Notice.</p> <p>Personal notice of a meeting called for the purpose of changing the name of a corporation is not required under the thirtieth and thirty-first sections of the act of May 1, 1876.</p> <p>The regularity of the proceedings to change the name of a corporation cannot be collaterally attacked in a suit in which the corporation is a party.</p>