McNulty ex rel. Bresnahan v. Prudential Insurance

Citations

• 7 Pa. Super. 1
• 1898 Pa. Super. LEXIS 220

Syllabus

<p>Insurance — Cancelation of policy — Right of creditor as equitable owner to recover premiums paid.</p> <p>Where an insurance company knowing that an insurance policy, issued in the name of the insured w^as in reality for the benefit of a creditor by whom the premiums were paid, to the knowledge of the company, arbitrarily cancels the policy and retains the premiums, the creditor has a cause of action to recover the premiums so by him paid, the policy being not merely to pay the party assured only, but providing for payment to any other person appealing to the company to be equitably entitled to same by reason of any person having incurred expense in anyway on behalf of the insured.</p>