Morrow v. Fidelity Mutual Life Ass'n

Citations

• 226 Pa. 490
• 75 A. 715
• 1910 Pa. LEXIS 804

Syllabus

<p>Insurance — Life insurance — Equation fund.</p> <p>In an action upon a policy of life insurance where a plaintiff alleges that his equitable proportion of an equation fund was $1,800, and that if such proportion was less in amount it indicated a deficiency in the collection fund which under a condition of the policy should have been made, good by a pro rata assessment upon the members of the association, an affidavit of defense alleging that plaintiff’s equitable proportion of the fund was only $426.60 and that a deficiency in the fund could only occur on certain specified contingencies and that they had not arisen is sufficient.</p>