McBride v. Rinard

Citations

• 172 Pa. 542
• 33 A. 750
• 1896 Pa. LEXIS 808

Syllabus

<p>Insurance — Foreign insurance companies — Agents—Act of April 4,1873, sec. 10 — Act of May 1, 1876, sec. 48.</p> <p>A foreign insurance company which has not complied with the requirements of sec. 10 of the act of April 4, 1873, establishing an insurance department, is wholly without authority to make contracts of insurance within Pennsylvania, and under the act of May 1,1876, sec. 48, P. L. 66, an agent of such a company is personally liable on all contracts of insurance made by or through him directly or indirectly for or on behalf of any such company.</p> <p>Foreign insurance companies — Noncompliance with insurance laws— Evidence.</p> <p>In an action against persons alleged to have made a contract of insurance as agents of a foreign insurance company which has not complied with the insurance laws of Pennsylvania, where both parties assume that plaintiffs must make proofs of loss to the company within the time stipulated in their policy as a condition of recovery from defendants, evidence that plaintiffs delivered to defendants a sealed package addressed to the company containing proofs of loss and mailed by defendants is properly admissible to prove the transmission of the proofs of loss, although not evidence bearing upon the agency of the defendants.</p> <p>In such a case where the defendants do not admit that the company named in the policy is an incorporated company outside of the state, evidence on behalf of the plaintiff, is admissible to show the transmission of the proofs of loss, although such evidence also shows that the company was a fraudulent one.</p> <p>Under the act of May 1, 1876, see. 48, P. L. 66, which declares the agent of a foreign insurance company which has not complied with the law shall be personally liable on the contracts of such company, the contract liability of the agent is complete the moment the loss occurs, and is payable upon proof thereof to him.</p> <p>In an action against persons alleged to have made a contract of insuranc