State Mutual Fire Insurance v. Keefer

Citations

• 9 Pa. Super. 186
• 1899 Pa. Super. LEXIS 3

Syllabus

<p>Mutual insurance policy — Assessments—Liability of insured.</p> <p>A member of a mutual insurance company is not exempt from liability to assessment upon a premium note after a change in the ownership and title of the property insured has taken place and notice has been given to the company; the policy not having been submitted for cancelation the premium note is not void although the insurance may have become so by reason of such change of ownership.</p> <p>Appeal — Trial without a jury — Provisions of act of 1874 — Practice, C. P.</p> <p>Under the Act of April 22, 1874, P. L. 109, the method providing for a trial by the court without a jury requires that the decision of the court must be in writing stating separately and distinctly the facts found, and the conclusions of law; and an agreement that the case shall be tried upon the facts set forth in the statement, the affidavit of defense and the replication, does not dispense with this plain requirement of the act.</p> <p>An appeal lies regularly after exceptions filed to findings of fact have been passed upon by the judge, and final judgment has been entered.</p> <p>Mutual insurance — Premium note — Assessment—Set-off of cash deposit.</p> <p>The insured is not entitled to set off the cash deposit in a suit brought by a mutual insurance company to recover an unpaid assessment duly made upon the premium note, the term of the policy not having expired or been canceled at the time of bringing suit.</p>