McMahan v. Sewickly Mutual Fire Insurance

Citations

• 179 Pa. 52
• 36 A. 174
• 1897 Pa. LEXIS 601

Syllabus

<p>Insurance — Mutual insurance — Assessments—Notice.</p> <p>Where the charter of a mutual insurance company provides that if an assessment remains unpaid for a specified time “ after notice thereof,” the policy shall be forfeited, a forfeiture cannot be declared for nonpayment of an assessment where no notice of the assessment was given to the insured. In such a case where the insured, in suing upon his policy, declares that he was ready and willing to pay any claim due by him to the company, it is just and equitable that the assessments against him remaining unpaid should be deducted from the amount to which he is entitled under the policy.</p>