Schofield v. Lafferty

Citations

• 17 Pa. Super. 8
• 1901 Pa. Super. LEXIS 245

Syllabus

<p>Practice, G. P. — Pleading—Statement—Mutual insurance company— Assessment — Receivers.</p> <p>The plaintiff’s statement in a suit by the receiver of a mutual insurance company for an assessment made pursuant to the decree of the court appointing the receiver, should include a full copy of the record of the proceedings leading up to the order for the assessment; but objection that the statement does not include the record should be made either in the affidavit of defense or by demurrer, and will not be heard after a trial on the merits.</p> <p>Mutual insurance companies — Assessment by receiver,</p> <p>■ The court of Dauphin county in appointing a receiver of a mutual insuranee company has authority to direct the receiver to levy an assessment for the purpose of paying losses; and assessments made by the receiver under the decree are valid against policy holders.</p> <p>Mutual insurance companies — Assessments—Set-off.</p> <p>A policy holder of an insolvent mutual insurance company has no right to set off a loss incurred under his policy against an assessment levied by the receiver of the company.</p>