Scott v. Sun Fire Office

Citations

• 133 Pa. 322
• 19 A. 360
• 1890 Pa. LEXIS 904

Syllabus

<p>(á) A condition of a policy of fire insurance was as follows: “If the premium for the insurance, or annual renewal thereof, has not been actually paid, the society shall not be liable on this policy to the insured.” On the back of the policy was indorsed: ‘ ‘ Payment of the premium to a broker is not valid until received by the society: ”</p> <p>1. In such case, where the premium was paid by the insured, on the receipt of the policy, to the insurance broker effecting the insurance, was charged to the broker upon the books of the company’s agent, and in the regular course of business between the broker and the agent was paid over to the latter, the policy was binding upon the.company.</p> <p>2. A notice to the broker, after such payment and issuance of the policy thereon, that the company refused the risk and that the policy must be canceled, such notice not being communicated to the insured and the premium returned to him, was insufficient as a cancellation, and the policy remained in force against the company.</p>