New York Life Insurance v. Davis

Citations

• 94 Va. 427
• 26 S.E. 941
• 1897 Va. LEXIS 92

Syllabus

<p>1. Continuance—Surprise.—Where a receiver has been appointed to collect an insurance policy, with directions to institute, in his own name, such proceedings thereon as he may be advised is proper, the insurance company has the right to expect that an independent suit will be instituted thereon in the name of the receiver, and it is error to force the company into a trial on the merits against its will, in the suit in which the receiver was appointed, where the order directing suit by the receiver in his own name remains unrevoked, and it appears that such a proceeding is a surprise to the company, and will probably deprive it of making a bona fide defence on the merits.</p> <p>2. Receiver—Rule to show cause against appointment—Failure to answer—Objection afterwards.—Where a rule is made against an insurance company in a chancery suit to which it is a party to show cause why a receiver shall not be appointed to collect its policy, which is the subject of the suit, and the company appears by counsel and declines to answer the rule, and makes no objection to the appointment of receiver, it will not be thereafter heard to object to the appointment of such receiver.</p> <p>3. Chancery Practice—Right to trial by jury in chancery causes.—-If an insurance company is properly before the court in a chancery suit where its policy is the subject of litigation, any issue or issues raised by the pleadings as to its liability on the policy must be tried according to the rules and principles governing courts of equity in such cases. It is not entitled to a jury trial as matter of right, but only in the event that the case made shows that a jury trial is proper.</p>