Moore v. Lichtenberger

Citations

• 26 Pa. Super. 268
• 1904 Pa. Super. LEXIS 302

Syllabus

<p>Insurance — Fire insurance — Policy—Written and printed parts.</p> <p>A special manuscript addition to the general printed form of a policy of insurance will be presumed to have been separately considered by the parties, and to express their exact agreement upon the subject to which it relates, and must govern in so far as there is a repugnancy between it and the general covenants of the printed form.</p> <p>Insurance — Fire insurance — Mutual insurance — Limitation of liability of insured.</p> <p>A mutual insurance company may in a proper manner, which involves nothing tending to deceive present or future policy holders, enter into a contract of insurance which involves a limitation of the liability of the insured to assessment beyond an amount stated.</p> <p>Insurance — Fire insurance — Mutual companies — Assessments—Evidence.</p> <p>Where a person takes out a policy of insurance in a mutual fire insurance company, pays no cash at the time, but acknowledges his “ liability to payment of premium calls,” and the policy contains no limitation as to the amount of the assessments, and the- insured thereafter pays one assessment, he cannot subsequently deny his liability for any assessments, or escape assessments by showing that he had been induced to accept the policy and enter into the contract by misrepresentations of the soliciting agent of the company.</p> <p>The entries upon the books of a mutual fire insurance company made in connection with a particular policy constitutes no part of the contract between the parties; they simply give the basis rate and schedule premium of the risk, and form a basis of assessment.</p>