Moore v. Bestline

Citations

• 23 Pa. Super. 6
• 1903 Pa. Super. LEXIS 2

Syllabus

<p>Insurance —Fire insurance —Application —Policy—Evidence —Act of May 11, 1881, P. L. 20.</p> <p>While under the Act of May 11, 1881, P. L. 20, an application for insurance not attached to the policy cannot be admitted in evidence, there is nothing in the act to prevent the policy itself from being admitted.</p> <p>In an action by a receiver of a mutual insurance company against a policy holder to recover an assessment, the policy cannot be excluded because the application referred to in it was not attached to the policy. In such a case where the basis rate of assessment is neither in the application nor in the by-laws, it is competent for the plaintiff after putting the policy in evidence to prove by oral testimony and the records of the company, both the general methods of fixing the basis rate, and the particular basis rate of the policy in suit.</p> <p>Not decided whether a policy holder -may waive the provisions of the act of May 11,1881, requiring an application for insurance to be attached to the policy, before it can be admitted in evidence.</p>